An Overview of Florida’s Knife Statutes
In the state of Florida, it is generally legal to own and buy knives of any type. However, state law restricts carrying certain knives in public. Broadly speaking, knives are classified as either "non-concealed" or "concealed" weapons according to Florida’s weapon laws.
Knife blades that are more than four inches long are classified as concealed weapons if they are not visible to others (i.e. hidden in a holster or otherwise obscured.) The law states that it shall not be an offense to openly carry a concealed weapon, with some exceptions. For example, those exceptions include carrying a pistol, electric weapon or device, destructive device, or other weapon on the premises of an established business, on the grounds of a career center owned by a school board, in an area designated for school property, and at an organized function.
This injunction against open carry also does not apply on private property if the owner has not prohibited a concealed weapon in writing. This could be a notice on the premises, a notice on a membership card, or some other form of written communication that includes language prohibiting concealed weapons.
Bear in mind that while you may carry both a concealed weapon and a non-automatic knife that is more than four inches long , the general rule states that you may not carry either on school property, including school buses, athletic grounds, and facilities. Note that school property includes activities and events that are held off campus.
One thing that is unique about Florida weapons law is that the state does not have a ban on automatic knives, switchblades, or butterfly knives. However, knives that are sheath concealed or carried on one’s person are, by the strict language of the law, subject to the same restrictions as all other concealed weapons – that is, prohibited from being taken onto school grounds, in a vehicle, in an airport controlled area, and in other areas specifically defined by statute in Florida law.
Most knife cases rest on local municipal, county, or district laws so that there are variations within local areas concerning knife-related offenses. While the language of Florida’s statutes is not prohibitive with respect to knives, those seeking to travel with, own, or possess knives in the state of Florida should familiarize themselves with individual laws within their district.
Defining Automatic Knives
Automatic knives are generally defined as knives that open with the "push of a button." If pressed, the button on the knife releases a spring that pushes the blade from the handle of the knife. Some other terms for automatic knives are: switchblade, flick, pocket, snap, or push-button knife. Again, a common feature is the button, but it can also be activated by a lever, or in one case a ring worn around the finger. The term "switchblade" is often used interchangeably with the term "automatic knife"; however, the Florida law governing automatic knives does not use the term switchblade. The spring-loaded automatic/blade knives should be distinguished from a "spring-assisted" knives including so-called "assisted-opening" knives. With a spring-assisted knife, the operator manually deploys the blade, but the spring aids deployment. In other words, a spring-assisted knife blade can be deployed without the use of any mechanism on the knife.
The Legality of Automatic Knives in Florida
The legality of automatic knives in Florida is primarily governed by Florida Statute 790.001, which defines various types of knives and their permissible uses. Unlike many states, Florida law does not include automatic opening knives (commonly known as "switchblades" or "out-the-front knives") in its definition of a "prohibited weapon." In general, Florida Statutes 790.03 and 790.04 prohibit the possession, use, sale and/or transfer of "any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or electronic weapon or device." However, these statutes do not mention automatic knives. The aforementioned Florida statute regulates dirks, knives and other weapons in different ways. These laws are best avoided for those who wish to carry automatic knives.
Section 790.001(3) of the Florida Statutes defines the term "dirk" ambiguously and it appears that an automatic knife will only count as a "dirk" if: A person is legally prohibited from possessing a dirk even if the blade of the knife is less than 4 inches long. A dirk that has a blade length of less than 4 inches is only illegal if the knife is a "slungshot," which the Florida Statutes define as "any device that consists of a heavy material packaged to be used to blunt the blow of a fist…, [or] an elastic or other material tethered between a head and a handle … that is designed to be swung by a handle at a target." Therefore, an automatic knife with a blade less than 4 inches long is legal unless that knife can be categorized as a "slungshot." Much confusion abounds surrounding the issue of whether slungshots are legal or not. Not all Florida courts agree on this issue and this topic is certain to be addressed by future Florida courts and legislatures.
Automatic Knife Exceptions
Exceptions and exemptions from the general law against carrying a switchblade knife/automatic knife, are found in Florida Statutes Section 790.251 These exemptions apply to certain individuals and circumstances when it is otherwise illegal to own, carry, possess, sell, transfer, manufacture, or import into Florida any automatic knife.
These exemptions do not protect individuals who A) manufacture, import, sell, transfer, or cause to be imported into the state, or B) possess with intent to sell, loan, supply, give, or transfer, or cause to be loaned, supplied, or transferred any automatic knife to anyone within the state.
There are broader protections for switchblades and automatic knives within Section 790.251 if the knife is for use in the performance of official duties of any of the following:
- (1) Any sheriff, police officer, legally authorized person or persons who have been duly appointed as deputy sheriffs by a sheriff, state, county, city, or other governmental unit, and any person employed by, or on official detail to, the sheriff’s department of any county of Florida.
- (2) Officers of the Florida Highway Patrol.
- (3) Members of any law enforcement agency chartered by the Constitution or laws of the State of Florida.
- (4) Military officers of the United States Armed Forces, the Coast Guard of Florida, and the Florida National Guard, and members of such military forces, while performing their official duties.
- (5) Any federal or state governmental agency while acting within the scope of their duties.
- (6) Any agent of a corporation organized and existing under the laws of Florida, whose business is the supplying of automatic knives for lawful manufacturing, export, or distributive purposes, as permitted by law for gainful material convening the general public, and provided that the sale or transfer of such automatic knives is made only to persons or firms similarly organized and licensed pursuant to law.
- (7) Any manufacturer, importer, or wholesaler who licenses or registers or files bond with the attorney general as required in this chapter, and who sells or transfers automatic knives exclusively for delivery outside the state to any person or firm for ultimate transport and delivery outside the state; provided that the initially nameless employees of said businesses are provided exclusive access to automatic knives inside their respective businesses, and further provided that sales and transfers within the state to persons or firms not possessing bonds and permits as required in this section are absolutely prohibited.
Automatic Knife Penalties
Violations of automatic knife laws in Florida can result in criminal charges, civil lawsuits, and other legal issues.
Criminal Penalties
Penalization of crimes involving automatic knives is codified in various Florida statutes which carry their own set of consequences. As indicated above, it is a second-degree misdemeanor to sell such knives, punishable by up to six months in jail and/or a $500 fine. The illegal buying, selling, transferring, or possession of a switchblade or similar knife is a third-degree felony, carrying a potential sentence of up to five years in prison and/or up to a $5,000 fine. In light of these sentences , the law seems to suggest that possessing one illegal knife has stricter penalties than falsely claiming to have lost one.
Civil Liability
In addition to any potential criminal charges brought against a Florida resident, violation of state knife laws can result in being named as a defendant in a civil lawsuit against the knife’s manufacturer, distributor, or seller (or even the knife’s owner – if the owner knew or should have known about its operation prior to it becoming faulty). A skilled civil lawyer can sue on behalf of the injured party and recover expenses for medical bills, pain and suffering, and any other damages.
Florida’s Knife Laws Explained: Florida Vs. Other States
Florida’s law is very similar to the laws of approximately half of the other states in the United States. Non-premises and non-airport locations allow automatic knives. However, there are numerous states where it is illegal to possess an automatic knife, regardless of location. And then there are a few states, like Florida, where your permit must be open to carry an automatic knife concealed.
In New Mexico, an automatic knife is defined by statute as one that opens automatically by blade release by inertia, gravity, or both. In fact, New Mexico uses the same definition of automatic knife as Florida. However, contrary to Florida’s law, permits are not required to carry automatic knives in New Mexico. Like in Florida, New Mexico law treats automatic knives similarly to folding knives. It distinguishes them from knives with blades of 4 in., where if your blade exceeds that length, you cannot carry it open or concealed without a permit.
Just north of the Florida border, Alabama has no permit requirement for carrying an automatic knife either. But unlike New Mexico, Alabama does not have a specific statute that defines an automatic knife by way of a mechanical opening mechanism. Rather, automatic knives are fit for classification as a dagger, dirk, or stabbing knife by its ordinary or common usage. Similar to both Florida and New Mexico, Alabama recognizes a legitimate difference between a prohibited knife by length.
Texas does not require permits to carry an automatic knife in any location open or concealed. However, unlike Alabama, Texas law allows knives with a blade over 5.5 in. to be carried, but only in an open manner. To do so, the knife must be a tomahawk, machete, sword cane, or sword. A sword cane or sword per the law is a dangerous implement, which neither Florida nor New Mexico allows.
Regardless of those differences, I included Texas’s non-permit requirement in larger letters because like Alabama, it would seem that Texas did not find an automatic knife to be distinct in their law, as they consider it a form of a prohibited knife as a dagger, dirk, or stabbing knife if it is opened automatically by a blade release.
Recent Knife Statutes and Proposed Knife Bills
Over the years, there have been several changes to Florida’s knife laws, most notably the removal of the switchblade prohibition in 2018. This has significantly altered the landscape for knife enthusiasts in the state. However, there remains a need for clarification on the extent of legal weapons that are permitted. In an effort to eliminate possible confusion, numerous changes have been made to Florida’s statutes in the past few years, many of which are relevant to automatic knives and switchblades.
First and foremost, the Legislature amended Florida Statute 790.001(4) to define the term "automatic knife." The new definition, which took effect on July 1, 2018, states that: "Automatic knife" means any knife which has a blade that is released from the handle or shell by a spring or some other mechanical or chemical action or by gravity and which requires only the mere push of a button or the flick of the wrist to activate the mechanism that opens the blade.
Upon review of this definition, several important conclusions can be made. Most obviously, the term "automatic knife" has now been officially defined by the Legislature. Automatic knife enthusiasts like to refer to such knives as "switchblades" because of their similar internal mechanisms and function. Thus, the move towards the universal use of "automatic knife," whether within the knife community or the general public, marks a slight change which has yet to be fully realized. A common misconception is that the 2018 amendment only removed the switchblade prohibition. However, this is not entirely accurate. In addition to removing the prohibitions against possession, manufacture, sale, distribution, etc., of switchblades, the Legislature also removed the definition of "switchblade" in Florida Statute 790.001(3).
Essentially, the automatic knife definition now encompasses all knives which are released from the handle or shell by a spring mechanism. Any ambiguity as to intent is removed by the Statute’s reference to specific anatomical locations, namely the handle and blade, to refer to the object which is being released. While the switching mechanism may be similar to a switchblade in function, it is unclear why the Legislature would then remove the definition of "switchblade" if the intention was to equate the two. As a point of comparison, it bears noting that a "gravity knife" is defined as a knife which releases when the blade is swung downward and requires manual momentum to initiate the blade release.
For all of these reasons, it would appear that the Legislature did intend to equate the two terms with one another. Yet, this is not the case. For example, in response to the 2018 switchblade amendment, Senate Bill 1402 was filed for consideration in the 2019 legislative session. The bill sought to amend Florida Statute 790.001 to define the term "switchblade knife" as follows: "Switchblade knife" means any knife having a blade that opens automatically by the force of gravity, by a centrifugal force, or by any other mechanical device, except a slide-on knife. The term does not include certain knives as specified in s. 770.001(3):
The language at issue in S.B. 1402 is put in italics to illustrate a common trend within the Legislature. Again, for the sake of example, we can look to another contrast between a common misconception and the statutory text in question. Florida Statute 791.033(5) refers to a "dagger" and states: "’Dagger’ means an instrument having a pointed and sharp-edged blade, other than a folding knife, fitted primarily for stabbing, and a double-edged non-folding knife." As you will have noticed, the term "folding knife" is not italicized, as it is not defined within the statute. Yet, the Legislature still uses this term to delineate which type of knives fall under the dagger classification. The reasoning for including "folding knife" in the definition of "dagger," but not so with "switchblade knife," is therefore unclear.
During the 2019 legislative session, S.B. 1402 was referred to the Judiciary Committee, and there it remained without action. At the close of that legislative session, there were several other bills that addressed automatic knives, although none of them resulted in any changes to Florida Statutes. One such bill, H.B. 87, defined the term "automatic knife" as follows: "Automatic knife" means a knife, including a "switchblade knife" or a "ballistic knife," that has a blade that opens, or is able to be opened, readily with one hand by mental, mechanical, or other means or by the movement of a switch, push button, or other device. This definition does not include a knife that includes a spring release front-loaded mechanism that is released from its folded position by performing an action similar to the act of throwing a karate chop which temporarily locks the blade into place by the force of the hand or wrist movement.
As you can see, the definition in H.B. 87 would have expanded the list of knives to include knives with "ballistic" mechanisms which deploy blades in a similar manner to a knife thrower’s karate chop. Those with further familiarity with the knife industry will likely be aware that ballistic knives are the only breed of knife which is expressly authorized to be regulated both nationally and internationally under the Convention on Certain Conventional Weapons (CCW). However, while H.B. 87 ultimately failed to pass, what it shows is that the Legislature is willing to again consider the possibility that automatic knives may be regulated.
Although S.B. 1402 failed during the prior legislative session, the Legislature’s recommending of this bill demonstrates that there may be a future for the return of the switchblade knife prohibition in Florida. Since 2018, the difference between a switchblade knife and a freely-opening knife has largely been shouted out loud by the cultural commentary surrounding the issue. The difference is so obvious, for example, even the Duval County School Board removed the "switchblade knife" prohibition in its new weapons policies just last week. Thus, even after the Legislature removed the switchblade knife prohibition, there are still questions about whether Florida’s knife laws properly differentiate between automatic knives and switchblade knives.
With this in mind, the future of Florida’s automatic knife laws remains uncertain. Action may be taken at any moment by interested parties; thus, all knife enthusiasts are urged to remain informed about any proposed legislation that may affect these laws.
Knife Owner Tips
Engaging with the legal and practical realities of Florida’s automatic knife laws is the best way to ensure compliance. Here are some best practices for knife owners:
• Explain to the owner why you ask for these records. If you have a relationship with a reputable knife or accessory retailer, you may be able to obtain the last five years’ sales records and purchase and transfer records of the knives in question.
• Check with your state for laws on other switchblade technologies – including switchblade buttefly knives and stiletto knives and their patterns.
• Call the local sheriff or local police department to determine what areas are off-limits for travel with automatic knives.
Practically speaking, carrying an auto-open knife means carrying it inside your vehicle and ensuring that it’s stored away when you carry it within your home. If you appendix carry, the ideal way to do it is to store your knife in between the butt of the knife and the clip. As long as the knife is visibly closed, and the point of the knife is pointed down and the clip is facing up , you’ll minimize the likelihood of controversy from law enforcement.
It’s important to realize that space alone does not guarantee restrictions on knife travel. For example, 100 feet from a school property line does not mean you can be near the middle of the yard without explaining the presence of an auto-open knife in your possession – particularly if there is a school event or activity occurring at that time that might put you in hot water with law enforcement.
As a practical matter, knife owners should avoid engaging with law enforcement regarding automatic knives unless and until absolutely necessary. However, this should not be taken as a suggestion to avoid reporting criminal activities – such as being given conflicting information about the legality of carrying an automatic knife weapon.
Knife owners should also avoid the temptation to be confrontational or obstinate with police regarding auto-open knife laws. Whenever possible, law enforcement should be left to continue their investigations above their heads. You may be surprised to find out that any issues were either watered down or eliminated in municipal court or before a State Attorney.