Posted: 5/18/2015 9:19:46 AM EDT
| I have a benchmade infidel, is that legal to own in Florida? I don't plan on carrying it, but probably would if I could. I just don't to keep hiding in a safe up here in New Jersikstan. I live in such shame up here. |
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Automatic knives are legal to own and also legal to carry in the state of Florida if you have a concealed firearms and weapons license.
The wrinkle is that there is no state preemption of knife laws so local ordinances against certain knives do apply. For example; automatic knives cannot be legally carried in Miami Dade County and probably some other municipalities and counties as well and who the hell knows which they might be. I carry an AutoStryker every day but leave it home when I venture into Miami Dade. ETA: while concealed carry of a firearm on Indian Reservation Lands, including casinos, is legal here; according to federal law, no automatic knives are allowed in those locales. |
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Quoted:
Automatic knives are legal to own and also legal to carry in the state of Florida if you have a concealed firearms and weapons license. The wrinkle is that there is no state preemption of knife laws so local ordinances against certain knives do apply. For example; automatic knives cannot be legally carried in Miami Dade County and probably some other municipalities and counties as well and who the hell knows which they might be. I carry an AutoStryker every day but leave it home when I venture into Miami Dade. ETA: while concealed carry of a firearm on Indian Reservation Lands, including casinos, is legal here; according to federal law, no automatic knives are allowed in those locales. Quoted:
Automatic knives are legal to own and also legal to carry in the state of Florida if you have a concealed firearms and weapons license. The wrinkle is that there is no state preemption of knife laws so local ordinances against certain knives do apply. For example; automatic knives cannot be legally carried in Miami Dade County and probably some other municipalities and counties as well and who the hell knows which they might be. I carry an AutoStryker every day but leave it home when I venture into Miami Dade. ETA: while concealed carry of a firearm on Indian Reservation Lands, including casinos, is legal here; according to federal law, no automatic knives are allowed in those locales. This is incorrect, but we've had this discussion before. Automatic knives are legal to own and also legal to carry in the state of Florida if you have a concealed firearms and weapons license. |
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This is incorrect, but we've had this discussion before. They, like any other weapon except a "electric weapon or device" may be openly carried without need for a CWFL. Of course this is subject to the same non-preemption by the State for weapons. Quoted:
Quoted:
Automatic knives are legal to own and also legal to carry in the state of Florida if you have a concealed firearms and weapons license. The wrinkle is that there is no state preemption of knife laws so local ordinances against certain knives do apply. For example; automatic knives cannot be legally carried in Miami Dade County and probably some other municipalities and counties as well and who the hell knows which they might be. I carry an AutoStryker every day but leave it home when I venture into Miami Dade. ETA: while concealed carry of a firearm on Indian Reservation Lands, including casinos, is legal here; according to federal law, no automatic knives are allowed in those locales. This is incorrect, but we've had this discussion before. Automatic knives are legal to own and also legal to carry in the state of Florida if you have a concealed firearms and weapons license. LOL; the last time we had this discussion, it was your assertion that Attorney Jon Gutmacher, who warns against bringing automatic knives onto Indian reservations and casinos in the State of Florida, didn't know what he was talking about. 
Here's the verbiage of the federal law: http://weaponlaws.wikidot.com/federal-switchblade-law § 1243. "Whoever, within any Territory or possession of the United States, within Indian country (as defined in section 1151 of title 18), or within the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18), manufactures, sells, or possesses any switchblade knife, shall be fined not more than $2,000 or imprisoned not more than five years, or both. " https://www.law.cornell.edu/uscode/text/18/1151 18 U.S. Code § 1151 - Indian country defined Current through Pub. L. 114-9. (See Public Laws for the current Congress.) US Code Except as otherwise provided in sections 1154 and 1156 of this title, the term “Indian country”, as used in this chapter, means (a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation, (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same. |
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Quoted:
LOL; the last time we had this discussion, it was your assertion that Attorney Jon Gutmacher, who warns against bringing automatic knives onto Indian reservations and casinos in the State of Florida, didn't know what he was talking about.
Here's the verbiage of the federal law: {SNIP} Quoted:
LOL; the last time we had this discussion, it was your assertion that Attorney Jon Gutmacher, who warns against bringing automatic knives onto Indian reservations and casinos in the State of Florida, didn't know what he was talking about.
Here's the verbiage of the federal law: {SNIP} The issue, as pointed out previously, is that you and Jon have misunderstood that in 1961, Florida, in accordance with Public Law 280, assumed primary jurisdiction over Indian reservations in the State. Therefore, reservations are not "Indian Country" as referenced in 1151, making 1243 inapplicable in Florida. First, the lands must have been set aside by the Federal Government for the use of the Indians as Indian land. This requirement guarantees that the land is actually occupied by an Indian community. Second, the lands must be under federal superintendence. The latter requirement ensures that the community is dependent on the federal government such that the federal government and the Indians, rather than the states, exercise primary jurisdiction." ETA: Here's a list of the relevant legislation and applicable case law should you care to delve into the topic on your own: Legislation Fl. Stat. Ann. § 285.16 (Laws 1961, c. 61-252, §§ 1, 2, assuming state civil and criminal jurisdiction under Public Law 280, and authorizing tribal councils to employ personnel to exercise law enforcement powers) 25 U.S.C. § 1741 et seq., P.L. 97-399, § 7, Dec. 31, 1982, 96 Stat. 2015 (especially 1746, addressing lease of Miccosukee lands) Case Law Seminole Tribe v. McCor, 903 So.2d 353 (Fla. Dist. Ct. App. 2005) Miccosukee Tribe of Indians v. Napoleoni, 890 So.2d 1152 (Fla. Dist. Ct. App. 2004) Cupo v. Seminole Tribe of Fla., 860 So.2d 1078 (Fla. Dist, Ct. App. 2003) Lewis v. Edwards, 815 So. 2d 656 (Fla. Dist. Ct. App. 2002) Seminole Tribe of Florida v. Houghtaling, 589 So.2d 103 (Fla. Dist. Ct. App. 1991) Houghtaling v. Seminole Tribe of Florida, 611 So.2d 1235 (Fla. (1993) State v. Billie, 497 So.2d 889 (Fla. Dist. Ct. App. 1986) Seminole Tribe of Florida v. Butterworth, 658 F.2d 310 (5th Cir. 1981) |
Thanks for rendering your legal opinion, but once again, I'll stick to the advice given by Jon Gutmacher on this particular matter, and leave my automatic knife at home when I visit the reservations here in Florida.
Quoted from Jon Gutmacher's book, Page 150. You should know that it is a federal felony for anyone to sell, transport interstate, or distribute these knives, unless they were manufactured in the state of sale, or were manufactured and possesses for the U.S. Armed Forces under contract. Furthermore, it is a felony for an individual to transport them into another state, possess on any federal waters outside of a state's jurisdiction or Indian land. The only exceptions to these prohibitions are if the person in possession has only one arm, and the blade is three or less, or the person is a member of the armed forces performance of duty. So, keep them off your person if gambling on the Seminole reservation, on an ocean voyage, or travel state-to-state. Otherwise, it's a five year federal fe1 USC 1241-1245. Likewise, try to remember you need a CWP to carry these anywhere off your property or business. They a not a "common pocket knife". However, to clarify - it is not illegal under federal to own a switchblade knife manufactured out-of-state, and acquired n Florida. It is illegal to bring them into the State, or transport out of the State. It would also be illegal to sell or give someone such a knife if it were manufactured out of state. And yes - it's a really stupid law. |