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I have a knife with a 4.2 inch blade. I will assume that this knife could not be carried into a bar. The blade being longer than 4 inches means it is no longer a typical pocket knife.
Any help is appreciated.
Jerry
 

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Per the most recent case law that I am aware of, you are correct. I would have to look back but the ruling was that a folding knife with a four inch blade (I can't honestly remember if it was four inches or less than four inches) was a common pocket knife and thus not a weapon. That does not mean that a folding knife with a blade with a 4.2 inch blade is a weapon, just that a court has not ruled, and therefore you would have to be a test case.

I am not a lawyer and that is not legal advise, I'm just sharing my understanding of the current statutes and case law.
 

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I had a few minutes to look at some case law this afternoon... enjoy.

700 So. 2d 370 (1997)
L.B., Appellant, v. STATE of Florida, Appellee.
No. 89424.
Supreme Court of Florida.
October 2, 1997.


From J.B v. State:

[4] We note that neither the Attorney General nor this Court maintains that four inches is a bright line cutoff for determining whether a particular knife is a "common pocketknife." We merely hold that appellant's knife fits within the exception to the definition of weapon found in section 790.001(13). We decline to consider whether a pocketknife with a blade-length in excess of four inches can be considered a "common pocketknife."
 

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Is that your knife poking out or are you just happy to see me?


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I carry a Benchmade "Infidel" 3.96" I would think that it would fit within the common pocket knife rule, but I'm not going to worry about it I'm sure that since it's an auto opener they may wine a bit. But maybe they won't bother because of the "1911 S&W 45 and 2 spare mags. "The red-neck express card don't leave home without it" !
 

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In addition to what been posted above, also remember that unlike firearms law in Florida, which have been pre-empted to the State Legislature, such is not the case in Florida for knive laws. That being the case, what might be legal in say Zephyrhills, Sebring, or Okeechobee, etc., my not be legal in Orlando, Tampa, Jacksonville, or West Palm Beach, etc. Each city or county in Florida is free to regulate knives! :unsure:
 

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I retired from FL law enforcement in 2015. Nobody I ever worked with with would give a crap about a typical folding knife with a 4.2" blade.

If you have to bob and weave to articulate that's NOT a common pocket knife, it's a chickenshit arrest that solves nothing.
 

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So my question is…………how do you/leo determine the length of a blade? Is it the effective edge to the handle or do you included that part of the blade which is not a cutting surface attached to the handle. We are talking folder of course…i was informed in Las Vegas with no permit the limit was 3”. I found one that was 3” to the start of the handle (effective cutting surface) but going back to the attaching area which as no edge it was over 3”.
 

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So my question is…………how do you/leo determine the length of a blade? Is it the effective edge to the handle or do you included that part of the blade which is not a cutting surface attached to the handle. We are talking folder of course…i was informed in Las Vegas with no permit the limit was 3”. I found one that was 3” to the start of the handle (effective cutting surface) but going back to the attaching area which as no edge it was over 3”.
I’ve gone by the “handle to tip” measurement to be safe, not necessarily the cutting edge. But I have no idea.


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So my question is…………how do you/leo determine the length of a blade? Is it the effective edge to the handle or do you included that part of the blade which is not a cutting surface attached to the handle. We are talking folder of course…i was informed in Las Vegas with no permit the limit was 3”. I found one that was 3” to the start of the handle (effective cutting surface) but going back to the attaching area which as no edge it was over 3”.
I expect that's left up to the interpretation of each LEO, which is another reason the Florida Legislature should pre-empt knife law, but we all know they won't.
 

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Why won’t they ??? I know they should cause it’s stupid and seemingly easy to just add to the firearm part
 

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I have been wrong all along. Thought blade would equal sharpened edge. Then came the bolster.
 

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Blade length advertised by spyderco on my endura is 3.80". That's measured from the handle to the tip, not the cutting surface area. Thus blade length to me means the length of the blade from the grip. When one considers the choil is part of the blade, that makes sense.
 

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I retired from FL law enforcement in 2015. Nobody I ever worked with with would give a crap about a typical folding knife with a 4.2" blade.

If you have to bob and weave to articulate that's NOT a common pocket knife, it's a chickenshit arrest that solves nothing.
It should never be a primary charge to begin with unless there's nefarious other factors that lead to the discovery of the knife.
It's an ancillary charge that can be added to another primary charge of some other crime. As you suggest, not many leo's are going to take issue with a 4+" blade out of hand.
When 911 happened, Boston enacted a city wide limit of 2.5" blade length, even though there's no blade length restriction in Ma. [ Ma. chapter 269-10b ]. A few months after that event, I saw two mbta officers carrying folders I knew to be over 2.5" long in blade length. I was carrying my endura at 3.75" blade length at the time. I asked them about the new city law, they both agreed that unless you were approached for some other reason by an leo and there was an arrest where the knife was discovered, one shouldn't worry about it
 

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Thanks shark that answers my question. I’m legal in LV
 

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It should never be a primary charge to begin with unless there's nefarious other factors that lead to the discovery of the knife.
It's an ancillary charge that can be added to another primary charge of some other crime. As you suggest, not many leo's are going to take issue with a 4+" blade out of hand.
When 911 happened, Boston enacted a city wide limit of 2.5" blade length, even though there's no blade length restriction in Ma. [ Ma. chapter 269-10b ]. A few months after that event, I saw two mbta officers carrying folders I knew to be over 2.5" long in blade length. I was carrying my endura at 3.75" blade length at the time. I asked them about the new city law, they both agreed that unless you were approached for some other reason by an leo and there was an arrest where the knife was discovered, one shouldn't worry about it
we would hope so brownie. I’m a little more comfortable now hearing from retired Leo’s but still that bad apple, 1% sociopath might show up.
 

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we would hope so brownie. I’m a little more comfortable now hearing from retired Leo’s but still that bad apple, 1% sociopath might show up.
Keep an eye on leo's pockets for folders. I bet some money most are carrying a blade at least 4" as a SD backup knife. Like those two Boston cops I approached, both were carrying blades longer than the city would permit after 9/11/01. They were ignoring the law just like most others I saw in Boston.

Never read any splash in the headlines about some civvy being popped for a blade over 2.5" in Boston. It's more an ancillary charge that can be added to other charges.
 
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