J.D.L.R., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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J.D.L.R., a juvenile, was adjudicated delinquent for carrying a knife on school grounds. The appellate court affirmed, holding that the knife in question was not a "common pocketknife" exempt from Florida's weapons statute because it possessed distinctive weapon-like characteristics including a combat-style grip and metal hilt guard.
The knife does not qualify as a "common pocketknife" and thus is properly classified as a "weapon" under Florida law. Although the knife is technically a pocketknife capable of folding into a handle and being carried in a pocket, its distinctive weapon-like characteristics—including the combat-style grip and metal hilt guard—take it outside the definition of a "common" pocketknife, which refers to a type of knife occurring frequently in the community with ordinary, typical features.
[1] The term "common pocketknife" in Florida Statutes section 790.001(13) is not unconstitutionally vague.
[2] A knife's classification as a "common pocketknife" depends on its specific characteristics and size, not solely on its general type.
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Join FLexlaw to unlock all legal intelligence“a type of knife occurring frequently in the community which has a blade that folds into the handle and can be carried in one's pocket”
The court's definition of "common pocketknife" from L.B. v. State, establishing the standard for exemption from the weapons statute.
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Join FLexlaw to unlock all legal intelligenceJ.D.L.R., a juvenile, was arrested for carrying a knife on school property in violation of Florida law prohibiting weapons on school grounds. The knif…
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NESBITT, Judge.
We affirm the trial court’s denial of J.D.L.R.’s motion to dismiss and its adjudication of J.D.L.R., a juvenile, as delinquent. Contrary to the argument J.D.L.R. advances on appeal, the Supreme Court in L.B. v. State, 700 So. 2d 370 (Fla.1997), held that the term “common pocketknife” in section 790.001(13), Florida Statutes (1995), is not unconstitutionally vague. Furthermore, the trial judge’s analysis regarding the particular knife at issue here — in which he considered the specific characteristics of the knife as well as its size — comports with the Supreme Court’s reasoning in L.B. See L.B., 700 So. 2d at 372. Under this analysis, we agree that J.D.L.R.’s knife was not a “common pocketknife”.
Although the facts in the instant case were similar to those in L.B., the knife in question was not. J.D.L.R., like L.B., was arrested for carrying a weapon — a knife — on school grounds in violation of section 790.115(2), Florida Statutes (1995), which prohibits a person from possessing a “weapon” on school property. J.D.L.R. moved to dismiss the charge on the grounds that the knife in question was a “common pocketknife”, which is excepted from the definition of “weapon” in section 790.001(13)1. Denying the motion, the trial judge observed that the knife in question had several “weapon-like” characteristics that arguably took it out of the “common pocketknife” category, and permitted the State to argue that the knife was, indeed, a “weapon”2. The judge described J.D.L.R.’s knife as 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). In contrast, the knife in L.B., which the Supreme Court found was a “common poeketknife”, was merely described as a folding “buck knife” with a 3 3/4 inch blade and an overall length of 8 1/2 inches. L.B., 700 So. 2d at 372.
We agree with the trial judge that J.D.L.R.’s knife does not fall within the Supreme Court’s definition of “common pocketknife” — “a type of knife occurring frequently in the community which has a blade that folds into the handle and can be carried in one’s pocket.” Id. 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.
Affirmed.
. Section 790.001(13), Florida Statutes (1995) provides:
" ‘Weapon’ means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife.”
. The trial judge stated, in denying J.D.L.R.’s motion to dismiss: "If that [J.D.L.R.'s knife] was a pocketknife just shown to me, I would grant the motion. It's not a pocketknife. It's [a] knife that the State could easily argue is not designed to be a tool of any sort, but is designed to be a weapon ... that’s why I'm denying the sworn motion to dismiss....” Later, the judge observed: "[F]or purposes of the sworn motion to dismiss, in my opinion, there’s enough for the State to argue, based on the description of the knife and my observations, it having more weapon-like characteristics, like in the handle, and the nature of the blade, compared to your average knife. And that's the basis of my denial of the sworn motion to dismiss.”
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Bunkley v. State, 882 So. 2d 890 (Fla. 2004)…ls. Accordingly, under the facts relied upon by the majority in either our previous or current review of this case, Bunkley’s knife, which was not described as having a hilt guard or notched handle, was a “common pocketknife.” Cf. J.D.L.R. v. State, 701 So. 2d 626 (Fla. 3d DCA 1997) (holding that a knife with a 3-3/4 inch pointed blade, notched handle and large metal hilt guard was not a common pocketknife). Therefore, the clarification of the common pocketknife exception in section 790.001(13) in L.B. applie…
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J.R.P. v. State, 979 So. 2d 1178 (Fla. 3d DCA 2008)…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. See Porter v. State, 798 So. 2d 855, 856 (Fla. 5th DCA 2001); J.D.L.R. v. State, 701 So. 2d 626, 627 (Fla. 3d DCA 1997). The knife here was neither open nor did it contain any weapon-like characteristics. J.R.P. simply possessed a knife that can be carried in one’s pocket, with a four-inch blade that folds into the handle. Therefore, as a matt…
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K.H. v. State, 29 So. 3d 426 (Fla. 5th DCA 2010)…that the legislature’s intended definition of “common pocketknife” was: “A type of knife occurring frequently in the community which has a blade that folds into the handle and that can be carried in one’s pocket.” 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 i…
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- L.B. v. State, 700 So. 2d 370 (Fla. 1997)