Balisongs and Florida law

[Faultyply]

I was wanting to buy a balisong/butterfly/gravity knife and I wanted to know if it is legal in Florida. I know they sell counterfeit ones in flea markets.

[phantasm]

a butteryfly knife and a gravity knife are two completely different things, at least in NY, and so states NYS case law People v Zuniga, 303 AD2d 773, 759 NYS2d 86 (2d Dept 2003).

Knifes other than "common pocketknife" are illegal to carry concealed in florida w/o a CCW permit. A butterfly knife or a gravity knife would both not be a common pocketknife.

A simple google search returned this information.

[marinepilot]

The 2007 Florida Statutes


Title XLVI
CRIMES
Chapter 790
WEAPONS AND FIREARMS

790.001 Definitions.--As used in this chapter, except where the context otherwise requires:

(3)(a) "Concealed weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person.

(13) "Weapon" means any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife.



790.06 License to carry concealed weapon or firearm.--

(1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9).

(12) ... Any person who willfully violates any provision of this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

Here it is in black and white, straight from the statutes.

From the way I read it, a common pocketknife is okay. Now, people define common pocketknives a bunch of different ways. As for how it was explained to me in the academy, there are no illegal knives in Florida, just illegal reasons to be carrying the knife. (For example, if you routinely carry a large (i.e. greater than say 4 to 5 inches) knife and you are a hunter / fisherman, then that could be acceptable as your common pocket knife.)

If you can't articulate WHY you feel the need to carry a balisong / butterfly / gravity knife to the officers satisfaction, then you may be in trouble.