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I was under the impression that only police., firemen and E MT's were allowed to have auto  knives.

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If you've got a concealed firearms and weapons license it's perfectly legal to  concealed carry an automatic knife here, except on Indian land.

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Is a SOG automatic knife legal for CWL in Florida. http://www.bladeops.com/SOG-TAC-Automatic-Knife-SOGST-01-p/sogst-01.htm

You believed that guy in Oregon?

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Have you found ANYTHING in writing about that?  Ive looked and asked for years and they have never produced anything on paper for me.

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I got that information from the Gutmacher Book, as well as some deputies, not directly from any of the tribes making it second hand rather than first hand information.

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Damm .. I was hopping ...    Gutmacher has not even responded to questions from me on the topic ...

the 7th edition covers carry on indian lands both Florida and Federal
 
jhg

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So you can't own an auto-knife if you don't have a CCW license?

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You can own one; but you can't legally carry it concealed in public.

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Case law classifies an automatic opening knife as falling into the category of "common pocketknife" in FL.  That classification exempts it from the "Weapon" definition in the concealed carry statute.  Unfortunately though, you may still get arrested by an officer who isn't up to speed with weapon case law.  The charges would be abandoned but you'd still take the ride and the arrest would be in good faith (and therefore not a false arrest) because the actual statute hasn't been changed to state "automatic pocket knives are now legal to carry so stop freaking out and arresting people for it."

(13)  "Weapon" means any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife.

(3)(a)  "Concealed weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person.

790.001,01; * It seems dangerous to rely on this. L.B. v State 700 So.2d 370 (1997) suggests that a closed folder of 3.75" is okay, due in part to an identical AG opinion from 1951 (stating knives up to 4" are common pocketknives). However, that "common pocketknife" exception is only for the definition of "weapon". "Concealed weapon" in 790.001 has no "common pocketknife" exception as the "weapon" statute does; this distinction is presented in Baldwin v State, 857 So. 2d 249 (2003). State v. Ortiz, 504 So. 2d 39: a 4" folder may be a concealed weapon because determination of "common pocketknife" is a jury question. Folding knives must be carried closed: Walls v State 730 So. 2d 294 (1999), Porter v State 798 So.2d 855 (2001). A tactical knife may not be a "common pocketknife": J.D.L.R. v State 701 So. 2d 626 (1997). There is plenty of other interesting caselaw: 504 So. 2d 39 (1987); Nystrom 777 So. 2d 1013; State v. A.D.H., 429 So. 2d 1316 (1983); Simmons v. State, 780 So. 2d 263 (2001); Garcia v State, 789 So. 2d 1059 (2001). For legal status of icepicks and razors, see State v. Tremblay, 642 So. 2d 64 (1994) and Robinson v. State, 547 So. 2d 321 (1989)

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Do you have the case info for this?  When I have researched it I have found multiple cases saying otherwise.  See  J.D.L.R. v State 701 So. 2d 626 (1997).  Also look into  504 So. 2d 39 (1987); Nystrom 777 So. 2d 1013; State v. A.D.H., 429 So. 2d 1316 (1983); Simmons v. State, 780 So. 2d 263 (2001); Garcia v State, 789 So. 2d 1059 (2001)

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Ditto, I'm unaware of this case law as well.
 

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA




FIFTH DISTRICT JANUARY TERM 2010
K.H., A CHILD,




Appellant,




v. Case No. 5D09-2097




STATE OF FLORIDA,




Appellee.
Opinion filed March 5, 2010
Appeal from the Circuit Court



for Orange County,



Anthony H. Johnson, Judge.
James S. Purdy, Public Defender, and



Noel A. Pelella, Assistant Public Defender,



Daytona Beach, for Appellant.
Bill McCollum, Attorney General, Tallahassee,



and Carmen F. Corrente, Assistant Attorney



General, Daytona Beach, for Appellee.
GRIFFIN, J.
K.H., a child, ["K.H."] appeals the trial court's final disposition order withholding



adjudication of delinquency and imposing six months of probation after finding K.H.



guilty of furnishing a weapon to a minor under eighteen years of age.1 K.H. argues that



the trial court erred by denying his motion for judgment of dismissal.



______________________________________________________________________






______________________________________________________________________
The minor testified that K.H. sold him a knife for ten dollars. Law enforcement



officer Edd Gordon ["Officer Gordon"] testified that he was a school resource officer and



that he recovered a switchblade knife from the minor. When asked to describe the



knife, Officer Gordon testified: "It was a black steel knife, painted black. It was a



switchblade and has a push-button on it that once you push the button, it releases the



blade, which swings open." The State entered into evidence the switchblade that



Officer Gordon had recovered from the minor.
After the State rested, K.H. moved for a judgment of dismissal, arguing that he



did not violate section 790.17(1) because the switchblade is an "ordinary pocketknife,"



which is excluded under the statutory language. The State countered that the



switchblade at issue is not an ordinary pocketknife, asserting that the triggering



mechanism of the switchblade distinguishes it from an ordinary pocketknife. The trial



court denied the motion.
In L.B. v. State, 700 So. 2d 370, 373 (Fla. 1997), the Florida Supreme Court



found that a knife with a "3 3/4-inch blade" constituted a "common pocketknife" and,



thus, fell "within the statutory exception to the definition of 'weapon' found in section



790.001(13)." The knife was a "folding knife." Id. at 371. In reaching its conclusion, the



Florida Supreme Court noted: "In 1951, the Attorney General of Florida opined that a



pocketknife with a blade of four inches in length or less was a 'common pocketknife.'"



_______________________________________________________________________






Id. at 373 (citing Op. Att'y Gen. Fla. 051-358 (1951)). It also noted the dictionary



definition for the terms "common" and "pocketknife" and said:






Id. at 372.
In J.D.L.R. v. State, 701 So. 2d 626, 627 (Fla. 3d DCA 1997), the Third District



Court of Appeal found that a knife "d[id] not fall within the Supreme Court's definition of



'common pocketknife'" as enunciated in L.B. The Third District explained: "It is, indeed,



a 'pocketknife,' but it is not a 'common' knife. As the trial judge pointed out, its



distinctive features are not those characteristic of the typical, ordinary, frequently occurring



pocketknife, but rather are characteristic of a weapon." Id. The knife in question was a "folding knife with a pointed 3 1/2 inch blade, notched combat-style grip and large metal hilt guard (to prevent the user's fingers from sliding onto the blade)." Id. Later, the Third District said: "A pocketknife which is found in the open position or which has a distinctive weapon-like characteristic such as a hilt guard or notched combat-style grip, does not fall within the common pocketknife exception." J.R.P. v. State, 979 So. 2d 1178, 1179 (Fla. 3d DCA 2008)(citing Porter v. State, 798 So. 2d 855, 856 (Fla. 5th DCA 2001)); J.D.L.R., 701 So. 2d at 627).
Here, the trial testimony indicates that the knife at issue is a folding-type



switchblade with a double-edged blade approximately three inches in length. A push button



on the knife releases and swings the blade into an open/extended position. This



knife had distinctive features not usual for an ordinary or common pocketknife but more



characteristic of a knife designed to be a weapon.2 As such, the trial court did not err by



denying K.H.'s motion for judgment of dismissal. See Bunkley v. State, 882 So. 2d 890



(Fla. 2004).
AFFIRMED.



MONACO, C.J. and EVANDER, J., concur.

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.  

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Quoted from Jon Gutmacher's book, Page 150.