im 16 and i have a kershaw leek. i want to know if it is illegal to carry this out in public. it will be clipped to my pocket and it is not a deep carry knife. so if i have my knife on me and you can see the pocket clip, is it still concealed?
If the blade is over 3 inches, it will probably be considered a concealed weapon. Having the pocket clip visible won't be sufficient.
I also would suggest that you not carry a knife at all unless you are on your own property, the property of a friend, or are with one of your parents. If you get into any other kind of trouble, it's just too easy to have the police decide that you are carrying a weapon.
Florida has what is called the "pocket knife exception" when classifying a knife a "weapon" for the purposes of the weapons statutes. It covers very small pocket knives and the actual definition can sometimes be a little slippery. I have no idea what a kershaw is, so you need to do some research and see if it fits.
This pocket knife exception is not listed in the law, as far as I know, but is the result of a case called "Bunkley v. Florida," 538 U.S. 835 (2003), so if you insist on carrying your knife around you may want to research this case a bit as best you can.
Be aware that simply being charged is a major imposition on your time, wallet and peace of mind, even if you are eventually exonerated, so do not carry anything in circumstances that may cause an officer to decide to take you in and charge you. If the knife is clearly not a simple pocket knife, you are asking for trouble. It may be unfortunate, but that is the way it is.
The above is provided for educational purposes only and is not legal advice nor makes you a client of the Mosca Law Firm, PA. Please consult with a lawyer in order to obtain confidential legal advice that is tailored to your specific situation and facts.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline