Florida bans exactly one knife outright. Section 790.225 makes it a first-degree misdemeanor to manufacture, display, sell, own, possess, or use a ballistic self-propelled knife, meaning a device that fires the blade off the handle by coil spring, elastic material, or compressed gas. Every other blade is a question of how you carry it, not whether you can own it.
The rules changed in 2023. Chapter 2023-18 rewrote s. 790.01 effective July 1, 2023, so a permit is no longer the dividing line. A person who holds no license but who meets the criteria for getting and keeping one under s. 790.06 may carry a concealed weapon, and knives are weapons. Most knife advice written before that date is out of date. Here is what the statutes say now.
Understanding Florida Knife Laws
Two sections do the work. Section 790.001(20) defines a weapon as any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon, then excludes a firearm, a common pocketknife, a plastic knife, and a blunt-bladed table knife. A common pocketknife is not a weapon at all under chapter 790. Section 790.01 is the offense, and since July 1, 2023 it reaches only someone who is neither licensed under s. 790.06 nor eligible to be. Section 790.06 is the licensing statute, not the offense. Section 790.225 is the ballistic knife ban.
No Florida statute bans a butterfly knife, a switchblade, or an automatic knife, and none sets a blade length. Section 790.225(2)(a) expressly carves out any device from which a knifelike blade opens where the blade stays physically integrated with the device when open, which is exactly what separates an automatic knife from a banned ballistic knife. Open carry is not regulated either: s. 790.053 reaches only firearms and electric weapons.
Legal Terminology and Interpretation
Section 790.001(4)(a) defines a concealed weapon as a dirk, metallic knuckles, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried so as to conceal it from the ordinary sight of another person. A knife in a pocket or a purse is concealed. Whether that matters depends on the blade. A common pocketknife sits outside the weapon definition entirely, and for anything larger s. 790.01 now asks whether you could qualify for a license, not whether you hold one.
Section 790.225(1) declares a ballistic knife a dangerous or deadly weapon and contraband. For every other blade there is no statutory test. The closest thing to a line is Fla. AGO 87-24, which treated a folding knife with a blade of four inches or less as a common pocketknife, and the Florida Supreme Court relied on that opinion in L.B. v. State, 700 So. 2d 370 (Fla. 1997) when it held a folding knife with a 3.75 inch blade was a common pocketknife and therefore not a weapon. That is an attorney general opinion and a case, not a statute. No section of chapter 790 mentions four inches.
"Open carry" means the knife is in plain view. Section 790.053 bans openly carrying a firearm or an electric weapon and says nothing about knives, so a visible blade is not an offense under it. Get the call wrong on a concealed knife and s. 790.01(2) is a first-degree misdemeanor.
Prohibited Knives in Florida
In Florida, certain types of knives are heavily regulated or outright prohibited. These regulations focus on specific knives due to their potential danger or the unique mechanisms they possess.
Ballistic and Automatic Knives
Ballistic knives are prohibited outright. Section 790.225(1) covers any device that propels a knifelike blade as a projectile and physically separates the blade from the device by a coil spring, elastic material, or compressed gas, and it bans manufacturing, displaying, selling, owning, possessing, and using one. The knife is contraband and subject to seizure, and a violation is a first-degree misdemeanor under s. 790.225(3). Bows, crossbows, and underwater spear guns are excluded by s. 790.225(2)(b).
Automatic knives and switchblades are treated differently, because s. 790.225(2)(a) exempts any device from which a knifelike blade opens while remaining physically integrated with the device. You can own one and you can carry it openly. Concealed, it is a weapon rather than a common pocketknife, which puts it under s. 790.01. Since July 1, 2023 that section turns on whether you meet the s. 790.06 eligibility criteria, not on whether you hold a permit.
Restrictions on Knife Selling and Manufacturing
Selling or manufacturing certain knives comes with stringent rules. For instance, you cannot sell or manufacture ballistic knives due to their dangerous nature. Florida law targets these actions to prevent the circulation of highly dangerous knives.
Other knives, like automatic knives or switchblades, can be sold or manufactured without breaking the law. However, sellers must ensure that buyers are aware of local carrying laws. Misleading buyers about the legality of these knives can lead to legal consequences. Always maintain transparent communication for compliance.
Legalities of Carrying Knives
Florida's knife laws are specific about how you can carry different types of knives. They focus on concealed carry, open carry, and restrictions based on blade length. Whether you are carrying a knife lawfully in the state turns on these distinctions.
Concealed Carry Regulations
This is where the 2023 change matters most. Section 790.01(1) authorizes concealed carry of a weapon by anyone who is licensed under s. 790.06 or who is not licensed but satisfies the criteria for receiving and maintaining a license. Section 790.01(4) makes both halves an element the state has to prove, so the permit is no longer the question.
A common pocketknife sits outside all of this, because s. 790.001(20) excludes it from the weapon definition. For a larger or fixed blade, the question is eligibility, and the s. 790.06 criteria cover things like age, felony convictions, drug and alcohol history, and adjudications of mental incompetence. Someone who fails them and carries a concealed knife commits a first-degree misdemeanor under s. 790.01(2).
Open Carry Rules
Section 790.053 reaches only firearms and electric weapons, so it does not prohibit carrying a knife in plain view, a sheathed fixed blade included. Open carry of a knife is not an offense under chapter 790.
However, even for open carry, certain types may still require consideration based on their use and the context of their carry. For instance, carrying a large knife in a public place may still raise concerns or attract attention.
Blade Length Limitations
No Florida statute sets a blade length. The four-inch figure everyone repeats comes from Fla. AGO 87-24 and from L.B. v. State, where the court treated a folding knife with a 3.75 inch blade as a common pocketknife under what is now s. 790.001(20). Because it is not statutory it is a strong argument rather than a guarantee, and whether a given knife is a common pocketknife is a question for the trier of fact.
A blade over four inches is more likely to be read as a weapon, which puts it under s. 790.01 if it is concealed, and since July 1, 2023 that turns on eligibility for a license rather than possession of one. County and city rules can still restrict blades in specific places such as parks and public buildings, so the local ordinance is worth reading too.
Special Restrictions and Locations
Some places are off limits whatever the knife is and however you carry it, and one of them carries felony exposure.
Schools and Government Buildings
Section 790.115(2)(a) bans possessing a firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001 on school property, at a school-sponsored event, on a school bus, or at a school bus stop, and it names razor blades and box cutters specifically. Chapter 2023-18 struck "common pocketknife" from that list effective July 1, 2023, so a common pocketknife is no longer inside the possession ban. Everything else is, and it is serious: possessing a non-firearm weapon at school is a third-degree felony under s. 790.115(2)(b), dropping to a second-degree misdemeanor under s. 790.115(2)(e) for a person authorized to carry concealed under s. 790.01(1). Exhibiting any blade in a rude, careless, angry, or threatening manner at school remains a third-degree felony under s. 790.115(1), and that subsection does still name the common pocketknife. School district policy can also ban what the statute permits.
Section 790.06(12)(a) lists the places a concealed weapon may not go, and it is far more specific than "government buildings." It covers any courthouse or courtroom, any police, sheriff, or highway patrol station, any detention facility, prison, or jail, any polling place, any meeting of the governing body of a county, school district, municipality, or special district, any elementary or secondary school facility or administration building, any career center, the portion of a licensed premises primarily devoted to serving alcohol, and the passenger terminal and sterile area of an airport. A city hall is not on that list unless the governing body is meeting. Violating the subsection is a second-degree misdemeanor.
Public Transport and Airports
Public transport facilities like buses, trains, and terminals have specific rules about carrying knives. While local policies can vary, most public transportation systems prohibit knives to ensure the safety of passengers and staff. Check regulations for each system you plan to use to avoid potential legal issues.
Airports apply stringent regulations on knives. Under the Transportation Security Administration (TSA) guidelines, you cannot carry knives in your carry-on luggage. Small knives may be permitted in checked baggage, but it's imperative to review the latest TSA guidelines. Attempting to bring a knife through a security checkpoint can result in fines or arrests.
Remember, these restrictions are enforced to maintain public safety and prevent potential threats in communal and critical locations.
Legal Consequences and Penalties
Section 790.01(2) is a first-degree misdemeanor, punishable under ss. 775.082 and 775.083 by up to one year in jail and a fine of up to $1,000. It reaches only a person who is neither licensed under s. 790.06 nor eligible for a license, and s. 790.01(4) makes both of those an element the state has to prove rather than a defense you have to raise.
How a knife gets used matters more than what it is. Waving one around in a rude, careless, angry, or threatening manner is improper exhibition under s. 790.10, a first-degree misdemeanor. Threatening someone with it is aggravated assault under s. 784.021, a third-degree felony carrying up to five years in prison and a $5,000 fine. Those are the charges that put a knife case into felony territory.
Juvenile Possession and Penalties
Minors caught in possession of illegal knives face distinct legal repercussions. They may be charged with delinquency, leading to juvenile court proceedings. Penalties can include probation, community service, or time in a juvenile detention facility.
Penalties climb for repeat offenses. A juvenile record also follows a minor into school discipline and college applications, so the work of a defense lawyer is mostly front-loaded: getting the charge reduced or diverted before an adjudication is entered.
Were You Charged With A Knife Crime?
If you were charged with a crime in Florida due to carrying a knife, you should seek legal representation immediately. Weapons charges in Florida can be very serious and have long-term negative impacts on your life.
The experienced criminal defense lawyers at Weinstein Legal Team are available any time of day to discuss your charges, and your case review is always free. Click here to schedule a free consultation with an experienced criminal defense lawyer, or give us a call at 888.626.1108 to speak with a lawyer now.
