Can a pocketknife be considered a "concealed weapon" in Jacksonville?

March 15, 2012

As a Criminal Attorney in Jacksonville, I have represented many people charged with crimes involving weapons. In addition to gun crimes in Jacksonville, there are other weapons crimes people can be charged with. One such crime is Possession of a Concealed Weapon. This Duval County weapon crime is a first degree misdemeanor punishable by up to one year in jail. To be convicted of this Jacksonville misdemeanor, the state attorney's office would have to prove that you carried a concealed weapon or electric weapon or device on your person. "Concealed weapons" are defined as dirks, metal knuckles, slungshots, billies, tear gas guns, or any other deadly weapons carried in such a manner to conceal the weapon from the sight of another person.

People often call our Jacksonville Criminal Defense Law Office asking about pocketknives and how to carry them. A common pocketknife is excluded from the definition of a deadly weapon in Florida. The Florida Supreme Court has defined a common pocketknife as "a type of knife occurring frequently in the community which has a blade that folds into the handle that can be carried on one's pocket". Recently, a case has been appealed in the Miami, Florida area that discusses this definition of a pocketknife. In this criminal case, the defendant was charged with carrying a concealed weapon. The weapon was a folding knife that was just under three inches long and locks in an open position. The knife also had serrations on one side with grooves for fingers. The appellate court found that this knife was not a "common" pocketknife because it had a blade that can be locked in an open position.

If you are accused of any type of weapon crime in Jacksonville, Clay County or Nassau County, it is important to discuss your case with an experienced Florida Weapons Attorney. Our Jacksonville Criminal Defense Lawyer, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week. Contact our Jacksonville Law Firm, The Mussallem Law Firm, PA at (904) 365-5200 for a free consultation today.