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Legality of selling an auto knife person to person here in Fla
Posted: Fri Sep 18, 2020 10:27 pm
by Jeepsnguns
This might be a silly question.
And yeah, yeah, asking legal advice on an online forum is sketchy, but FSN is a good starting point.
We have some good lawyer type peeps on here!
Background to my question is I received a Microtech OTF today that I purchased online and am not in love.
Might decide to sell it, but want to be sure thats all on the up & up.
I would imagine since we can sell firearms to one another, selling an automatic knife is no big deal?
What about shipping ?
The vendor that sold me the knife sent it with signature required.
Re: Legality of selling an auto knife person to person here in Fla
Posted: Sat Sep 19, 2020 12:18 am
by Big_mike
The sell them at the knife store in the outlet mall in Orlando. Might be able to call them and ask.
Have you read this?
https://hobanco.com/blogs/news/florida-knife-laws
Automatic Knives
The Florida legislature has never enacted restrictions on automatic knives. The “common pocketknife” exception to the Florida concealed weapon prohibition pre-dates the switchblade hysteria of the mid to late 1950s decade. The Florida legislature has never provided a statutory definition for “common pocketknife.”
In 1951 the Florida Attorney General issued an advisory opinion as to what was, or was not, a “common pocketknife.” The opinion simply stated that a pocketknife having a blade 4 inches or less in length was a “common pocketknife.” The opinion did not mention automatic or push-button operation.
Automatic knives, often referred to as “switchblade knives” were quite common in this county since the early 1900s. In 1951 automatic knives were being made by stalwart knife companies such as Imperial Schrade in Ellenville, New York, and W.R. Case in Bradford, Pennsylvania. The Florida Attorney General evidently saw nothing exotic or remarkable about such pocketknives.
In the case of K.H., A Child, v. State of Florida 29 So.3d 426 (2010) a minor was adjudged to be a delinquent for selling an automatic knife to another minor. The judge decided that the automatic feature made it uncommon. The fact that the decision was upheld does not make it binding on anyone except for the minor identified by the initials K H.
Relevant Statutes:
790.001. Definitions (Provides definitions for “concealed weapon” and “weapon”).
790.01. Unlicensed carrying of concealed weapons or concealed firearms
790.015. Nonresidents who are United States citizens and hold a concealed weapons license in another state; reciprocity
790.06. License to carry concealed weapon or firearm
790.062. Members and veterans of United States Armed Forces; exceptions from licensure provisions
790.10. Improper exhibition of dangerous weapons or firearms
790.115. Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions
790.17. Furnishing weapons to minors under 18 years of age or persons of unsound mind and furnishing firearms to minors under 18 years of age prohibited
790.18. Sale or transfer of arms to minors by dealers
790.225. Ballistic self-propelled knives; unlawful to manufacture, sell, or possess; forfeiture; penalty
790.25. Lawful ownership, possession, and use of firearms and other weapons
790.33. Field of regulation of firearms and ammunition preempted
Restricted Knives:
Ballistic knives are forbidden.
And Prove it here.
Re: Legality of selling an auto knife person to person here in Fla
Posted: Sat Sep 19, 2020 5:43 am
by Slartibartfast
totally legal, have bought and sold many Microtech's and
other brands over the years in Fl.
Re: Legality of selling an auto knife person to person here in Fla
Posted: Sat Sep 19, 2020 7:37 am
by SteyrAUG
Yeah good to go. The ironic thing is there being a law saying you can't sell it out of Florida.
Re: Legality of selling an auto knife person to person here in Fla
Posted: Sat Sep 19, 2020 8:08 am
by Chinerd00
What about using a microtech combat troodon in self defense in florida?
Re: Legality of selling an auto knife person to person here in Fla
Posted: Mon Sep 21, 2020 12:52 am
by Jimmy
I just bought my first Microtech, an Ultratech drop point from Blade HQ and it has quickly become my new edc knife. Sent to me by FEDEX, no signature required.
Which one did you buy?
As to legalities, I think Miami Dade is the only Florida county that outlaws autos. Obviously preemption in Florida does not apply to knives.
Re: Legality of selling an auto knife person to person here in Fla
Posted: Mon Sep 21, 2020 7:35 am
by lakelandman
Benchmade makes some sweet ones too.
Re: Legality of selling an auto knife person to person here in Fla
Posted: Mon Sep 21, 2020 8:30 am
by RAN
No issues.
Re: Legality of selling an auto knife person to person here in Fla
Posted: Mon Sep 21, 2020 10:50 pm
by Jeepsnguns
Jimmy wrote: ↑Mon Sep 21, 2020 12:52 am
I just bought my first Microtech, an Ultratech drop point from Blade HQ and it has quickly become my new edc knife. Sent to me by FEDEX, no signature required.
Which one did you buy?
Photo copied from internet but this is the exact one I bought.
Ultratech Bayonet 120-1
I'm liking it more each day, it's growing on me.
Re: Legality of selling an auto knife person to person here in Fla
Posted: Tue Sep 22, 2020 5:56 am
by Wizard78
Microtech makes some great knives. I have a OTF and and older but fantastic "Lightfoot" auto.
Keep it. The value stays.