Is it legal to open carry a 7 inch diving knife while fishing in Florida?
Posted By admin on December 17, 2011
JJ asked:
Is it legal to open carry a 7 inch diving knife while fishing at a beach in Florida? I can’t seem to really find an up to date answer but from what I have read it seems to be legal to open carry a blade of any length. I’d carry a shorter one if I had one, but this is all I’ve got.
Is it legal to open carry a 7 inch diving knife while fishing at a beach in Florida? I can’t seem to really find an up to date answer but from what I have read it seems to be legal to open carry a blade of any length. I’d carry a shorter one if I had one, but this is all I’ve got.
Generally, the prosecution must establish and prove every element of the offense. In researching knife laws, you may find an example, as follows:
Knife means any dagger, dirk, knife, or stiletto with a blade over three and one-half inches in length, or any other dangerous instrument capable of inflicting cutting, stabbing, or tearing wounds, but does not include a hunting or fishing knife carried for sports use. The issue that a knife is a hunting or fishing knife must be raised as must be raised as an affirmative defense. California Revised Statutes, 18-12-101. In the above example, a hunting knife with a four and one-half inch blade would be prohibited, but not if it was carried for hunting or fishing use. In this example, the prosecution does not need to prove that a given knife was not being carried for hunting or fishing use. quote
Yes, if it is in a sheath when not in use, and not concealed.