Bought a KA-BAR 8 inch Tanto fixed blade came with kydex sheath. Question is with a CCL CAN I hang this from my belt and be within Florida law? I live in Jacksonville. Thank You!
From a lawyer in Florida:
I am another attorney at Just Answer and I have reviewed the questions and statutes involved with this question. First, out service cannot provide you with a legal opinion and/or anything in writing that states it is permissible to do this in FL or any other state. None of the lawyers practicing locally near you will do this either. While we can review and interpret the laws as set forth by the legislature and enforced by the police and the courts, none of us can rise to the level of actually giving you a written opinion that you can somehow try to use in an arrest or court proceeding situation, simply because the laws fluctuate every day and that same statute can be interpreted differently between police departments and from judge to judge and much of this is subjective to the person interpreting the statute -- that is until someone is caught and arrested for something like this and a court actually imposes a penalty that the law does not seem to call for. Then that person would have to appeal the lower court's decision up through the appeals court to the FL Supreme Court and then if a ruling comes down from the FL Supreme Court that states that the police and the lower courts read the statute in error and then the defendant would be cleared of all charges. And then going forward the police and the lower courts are bound to interpret and apply that statute according to the manner in which the FL SUpreme Court interpreted the statute in the case that it reviewed.
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To date, the statute that you have found is the only thing that there is to interpret such a situation and there are no other statutes stating that "Yes you can do this" (statutes are not written to tell you what is permissible -- they are written to dictate what you cannot do -- and if you violate the statute you will be fined, etc for it.). If you run into a situation where you are carryin such a knife and you do not believe that the above statute prohibits that action -- yet the police and the lower court believe that your actions DO violate the statute, then you are in the position of appealing such a ruling to the higher courts to try to get that ruling changed in your favor. It can be a very convoluted way of doing things -- but if you find no statutes or prohibitions against doing a particular action, then that generally means that you CAN do that particular action -- beause, as I said, the legislature is not going to enact laws that tell you what you CAN do -- just what you cannot do.
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I hope that explanation helps. I believe that is what you are getting at in your questions above, but if there is something additional that I can answer for you regarding reading a statute and statutory interpretation, please let me know.
Read more: In the state of florida is open carrying a knife legal? what - JustAnswer
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