what is the age limit to carry a knife [Archive] - Glock Talk

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boarhunter
08-22-2009, 21:44
im looking to get my daughter a new blade to carry...she is 17 years old....what the law and blade length and to carry.....

Gun Shark
08-22-2009, 21:49
I asked a few cops and they said that more then 4in it was considered a concealed weapon.

I carried a Cold Steel Recon 1 when I was 17 about 7 months ago. before that I carried a Kershaw storm II tanto serrated.

I would still ask some cops around you though.

boarhunter
08-23-2009, 07:17
yea thanks for reply...I try to find out the law or ask some cops ...she carrys a 1''1/2 blade now but looking for something better.a 4'' blade would be nice..

rmc85
08-23-2009, 09:03
yea thanks for reply...I try to find out the law or ask some cops ...she carrys a 1''1/2 blade now but looking for something better.a 4'' blade would be nice..

You could try to contact the local State Attorneys office.

Jtemple
08-23-2009, 09:10
It varies by state. It's 3 1/2" in Nebraska.

Jon_R
08-23-2009, 12:27
She can not carry a weapon. In FL if the blade is less then 4" and the knife is "common" then it is not a weapon. A simple folder with a blade less the 4" and you are fine. This is in regards to FL law. Obviously if the knife is ever used as a weapon it is considered a deadly weapon.

The school board may have different definitions on what makes a knife a weapon so on school grounds or bus stop a non weapon knife might be considered a WMD under the schools zero tolerance of weapons policy which could lead to suspension and such.

My daughter 13 has a small pocket knife that is hers and she is allowed to carry it. She is well aware it can not be taken to school.

boarhunter
08-23-2009, 15:04
yes thanks again and she will not take to school, but have it with her all other times.. just in case... ill look for a 4 inch and under common pocket knife as long it has a lock back

Gun Shark
08-23-2009, 16:25
She can not carry a weapon. In FL if the blade is less then 4" and the knife is "common" then it is not a weapon. A simple folder with a blade less the 4" and you are fine. This is in regards to FL law. Obviously if the knife is ever used as a weapon it is considered a deadly weapon.

The school board may have different definitions on what makes a knife a weapon so on school grounds or bus stop a non weapon knife might be considered a WMD under the schools zero tolerance of weapons policy which could lead to suspension and such.

My daughter 13 has a small pocket knife that is hers and she is allowed to carry it. She is well aware it can not be taken to school.

so is a pencil. By no means is a Cold Steel Recon 1 a common folder. I have showed it to a few cops, because I heard that and they said "your fine, just don't get a knife which has a blade longer then that". two of those few cops were school cops.

rmc85
08-23-2009, 16:33
Go take a look at the statutes...It really doesnt say what a "common pocket knife" is.

Be careful. Cops opinions will vary from each one you talk to.

Spend the $20 and talk a look at this book. http://www.knifelawsonline.com/knifehome/Bookstore/tabid/59/Default.aspx

Gun Shark
08-23-2009, 16:37
Go take a look at the statutes...It really doesnt say what a "common pocket knife" is.

Be careful. Cops opinions will vary from each one you talk to.

Spend the $20 and talk a look at this book. http://www.knifelawsonline.com/knifehome/Bookstore/tabid/59/Default.aspx

I noticed that also. I got 1 that said no you can't carry any knife at all. the rest seemed very informational and fine with my question.

rmc85
08-23-2009, 16:45
I noticed that also. I got 1 that said no you can't carry any knife at all. the rest seemed very informational and fine with my question.

I regularly carry my Spyderco Military and Police3 wihtout any worries because I have a CCW.

If I didnt have a CCW I wouldnt be carrying them. I would hate to leave my fate at the hands of a cop.

Jon_R
08-23-2009, 17:06
so is a pencil. By no means is a Cold Steel Recon 1 a common folder. I have showed it to a few cops, because I heard that and they said "your fine, just don't get a knife which has a blade longer then that". two of those few cops were school cops.

I am sure a pencil could be considered a weapon but I doubt it would ever be considered a deadly weapon. In laws there is a difference. For instance a bat is not by itself a weapon. If you use a bat to push someone it is a weapon. If you swing it at someones head area then it is a deadly weapon.

The pocket knife issue have been addressed a couple times in FL.

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=02-8636

In 1951, the Florida Attorney General issued a legal opinion that a "pocketknife" was a folding knife with a blade up to four inches in length. In 1997, the Florida State Supreme Court confirmed that opinion.

In 1997, the Florida Supreme Court interpreted the meaning of the "common pocketknife" exception for the first time. In L. B. v. State, 700 So. 2d 370, 373 (per curiam), the court determined that a pocketknife with a blade of 3<sup>3</sup>/<sup>4 </sup>inches "plainly falls within the statutory exception to the definition of 'weapon' found in section 790.001(13)." The complete analysis of the Florida Supreme Court on this issue was as follows: "In 1951, the Attorney General of Florida opined that a pocketknife with a blade of four inches in length or less was a 'common pocketknife.' The knife appellant carried, which had a 3<sup>3</sup>/<sup>4</sup>-inch blade, clearly fell within this range." Ibid. (citation omitted). The Florida Supreme Court accordingly vacated the conviction in L. B. because the "knife in question was a 'common pocketknife' under any intended definition of that term." Ibid. Justice Grimes, joined by Justice Wells, wrote an opinion agreeing with the majority's resolution of the case "[i]n view of the Attorney General's opinion and the absence of a more definitive description of a common pocketknife." Ibid.

What is common is up in the air somewhat as the only thing that matters is what the courts decide.

Gun Shark
08-23-2009, 17:07
I am sure a pencil could be considered a weapon but I doubt it would ever be considered a deadly weapon. In laws there is a difference. For instance a bat is not by itself a weapon. If you use a bat to push someone it is a weapon. If you swing it at someones head area then it is a deadly weapon.

The pocket knife issue have been addressed a couple times in FL.

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=02-8636

In 1951, the Florida Attorney General issued a legal opinion that a "pocketknife" was a folding knife with a blade up to four inches in length. In 1997, the Florida State Supreme Court confirmed that opinion.

In 1997, the Florida Supreme Court interpreted the meaning of the "common pocketknife" exception for the first time. In L. B. v. State, 700 So. 2d 370, 373 (per curiam), the court determined that a pocketknife with a blade of 3<sup>3</sup>/<sup>4 </sup>inches "plainly falls within the statutory exception to the definition of 'weapon' found in section 790.001(13)." The complete analysis of the Florida Supreme Court on this issue was as follows: "In 1951, the Attorney General of Florida opined that a pocketknife with a blade of four inches in length or less was a 'common pocketknife.' The knife appellant carried, which had a 3<sup>3</sup>/<sup>4</sup>-inch blade, clearly fell within this range." Ibid. (citation omitted). The Florida Supreme Court accordingly vacated the conviction in L. B. because the "knife in question was a 'common pocketknife' under any intended definition of that term." Ibid. Justice Grimes, joined by Justice Wells, wrote an opinion agreeing with the majority's resolution of the case "[i]n view of the Attorney General's opinion and the absence of a more definitive description of a common pocketknife." Ibid.

What is common is up in the air somewhat as the only thing that matters is what the courts decide.


Exactly

Jon_R
08-23-2009, 17:10
I regularly carry my Spyderco Military and Police3 wihtout any worries because I have a CCW.

If I didnt have a CCW I wouldnt be carrying them. I would hate to leave my fate at the hands of a cop.

Your fate would always be at the hands of a Judge and / or Jury but the officer is the first person who could start your problem. I carry a 3 1/2 inch Benchmade folder. Nothing fancy about it pocket clip locks open just a basic "common" pocket knife. I have a permit but I chose this one for my pocket to comply with company no weapons policy. In the state of FL it is not considered a weapon so I am compliant. I also use it a couple times a day as a tool.

The courts can not really define what is or isn't "common". All they can do is take a specific case and decide in that incident if that item was "common". From that you can start guessing based on what they said as no more information will come from the Judicial branch until they have an actual case to rule on. The legislative branch could define it if they wanted to.

For example the Heller vs. DC case on handgun possession. The court ruled Mr Heller was allowed to own a handgun in DC. But in making that decision and explaining why they came to that decision it set precidence that anyone can own a handgun in DC (baring felons etc...).

Probably more info then anyone wanted.

FlaChef
08-28-2009, 09:15
as an addendum to the above FL SC ruling. I got the chance at a shooting tournament a few years back to engage in a little Q&A with John Gutmacher, local defense attorney and state self defense and firearm law expert.

He did quote the above FLSC case when pocketknives came up, but he also added that a FL district court added that the common pocket knife should have no "combat features" like a handguard, assisted opening, or even a camo paint scheme to qualify as a "common pocket knife" regardless of length.

I am personally unaware of any precedent or if that interpretation was ever challenged though. This statement is also only as good as my memory so please do not take it as legal counsel.

rmc85
08-28-2009, 11:00
as an addendum to the above FL SC ruling. I got the chance at a shooting tournament a few years back to engage in a little Q&A with John Gutmacher, local defense attorney and state self defense and firearm law expert.

He did quote the above FLSC case when pocketknives came up, but he also added that a FL district court added that the common pocket knife should have no "combat features" like a handguard, assisted opening, or even a camo paint scheme to qualify as a "common pocket knife" regardless of length.

I am personally unaware of any precedent or if that interpretation was ever challenged though. This statement is also only as good as my memory so please do not take it as legal counsel.

Another good book to get! :wavey:

http://www.floridafirearmslaw.com/

Usingmyrights
08-30-2009, 09:22
If a pocket knife with a blade 4+" is clipped to the pocket (as long as its not covered by a shirt) it isn't concidered to be concealed. Also opencarry of a knife of any size is legal in FL. I'm just not sure on the age restriction, if any, on that. I know that in my mid-late teens I'd go to family campgroups and opencarry a sheathknife with about an 8" blade and was never questioned.

Jon_R
08-30-2009, 09:40
If a pocket knife with a blade 4+" is clipped to the pocket (as long as its not covered by a shirt) it isn't concidered to be concealed. Also opencarry of a knife of any size is legal in FL. I'm just not sure on the age restriction, if any, on that. I know that in my mid-late teens I'd go to family campgroups and opencarry a sheathknife with about an 8" blade and was never questioned.

I have never seen an age requirement to posses. There is for purchase of a knife. But also keep in mind in many cases the parents of a minor can be held liable if the minor does things they shouldn't. Mostly in civil court so make sure you have complete trust in the minor to do the right thing. If they take the knife and slice someones tires guess who will be paying for tires plus any criminal court costs for vandalism / destruction.