Introduction to Balisongs
Balisongs, more commonly known as butterfly knives, are a class of folding knives with a distinctive pivoting blade that is typically distinctively long. The premise behind the bifold design is that with proper technique, a well-balanced balisong can effectively be flipped open and shut with just a single hand. The mechanism to do so has two primary components: the gripping "handle," which is actually the stationary portion of the blade and a free-swinging part of the balisong’s construction, and the blade proper , which is mounted on a pin at the bottom and flips downwards from the handle without construction.
The unique construction may appear to be in place merely to allow for a novel design, but it comes with significant advantages over a traditional folding knife. In particular, a balisong is often faster and safer to open for the user, and they can be opened in the dark with some degree of familiarity. It is these advantages particularly that have made the balisong an intriguing target for collectors and knife enthusiasts, and well as a law enforcement concern.
Knife Laws in Florida
The State of Florida has a very pro-knife outlook and welcomes the use of knives to perform everyday tasks. The laws regarding knives concern themselves more with style and size, instead of the more usual state concerns over the type of knife, i.e., folding, switchblade, dagger, etc.
Under the current statutory provisions governing knives in Florida, s. 790.003(4), Fla. Stat., "Except as provided in s. 790.06(8)(b), a person may openly carry a sheath knife, except a ballistic knife, except in the restricted areas of the capitol." The restricted areas of the Capitol are listed in s. 272.16, Fla. Stat., which lists "the public areas of the Capitol or other buildings in and around the Capitol" as prohibited places for knives. Some Florida jurisdictions have attempted to ban the open carry of sheath knives on public premises, but those rules generally have not withstood review and are not at present enforceable.
The Court in State v. Copeland, 457 So. 2d 1038, 1040-42 (Fla. 1984), specifically found that knives fell outside the purview of the restricted activity, under legislative intent. Additionally, the Court in State v. McConaghy, 446 So. 2d 1097 (Fla. 5th DCA 1984) specifically held that fling knives and throwing stars were not proscribed by the statute prohibiting the concealed carrying of any unspecified weapon on campus premises because knives are not weapons and were thus not included in the law.
Knife possession in the home is specifically protected under the laws of Florida. A person can possess any size and style of knife outside the home without the requirement of a permit. This argument would also be applied to all knife styles, such as the Balisong knife, as blades that exceed 4" in length. The concealment of knives on person in public is governed under Fla. Stat. § 790.01. f.
In relevant part, section 790.01(2) states:
(2) EXCEPTIONS.—This section shall not prohibit:
(a) Any person licensed to carry a firearm concealed on September 30, 1987, from carrying a concealed weapon, as authorized by ss. 790.013(1) and 790.15.
(b) Any law enforcement officer as defined in s. 943.10, a retired law enforcement officer as defined in s. 790.015, an officer of the court as defined in s. 790.051, or any military man or woman on duty who is otherwise prohibited by this section or by any local ordinance from having a firearm or electric weapon or device on his or her person in any public conveyance, at any public gathering, on the public streets or sidewalks, in any location open to the public, or any place of nuisance as described in s. 823.05.
(c) Any person possessing a conch shell, clam shell, starfish, or any naturally occurring, unprocessed marine organism that is harvested legally in Florida in compliance with all applicable state rules and regulations.
(d) Any person possessing a nonmetallic self-defense chemical spray device containing not more than 2 ounces of chemical.
(e) Any person possessing a nonlethal stun gun or nonlethal electric weapon for self-defense purposes. Such nonlethal electric weapon may be carried concealed on the person or within the interior of a vehicle for lawful purposes if carried with the intent to use such device against another to defend oneself or another as permitted by state law.
Important note on prohibitions to concealed carry: Florida law makes it illegal for anyone with a felony conviction to carry a concealed weapon, or own any firearm or ammunition. However, many states have a certificate process to remove non-violent convictions. While Florida does not have this process, with the assistance of a good lawyer, there may be ways to obtain clearance through Florida’s expungement process for some less severe convictions.
The Florida legislature recently enacted Senate Bill 1046, which authorizes the release of individuals with criminal records from further criminal liability and civil disabilities. This law Section 943.0583, Fla. Stat. is called the "Certificate of Eligibility for Commercial Driver Authorization Points." It allows the Florida Department of Law Enforcement to grant eligibility for persons to have removed all administrative driver’s license points that were assessed for certain offenses, provided that: The person had not previously received an administrative finding that one or more motor vehicle convictions listed in subsection(2) occurred during that time and the person has successfully completed a class I defensive driving school course, as defined in s. 318.0011(2), or a district school board driver education program within 60 days after the date of the offense.
The Legal Status of Balisongs within the State
Balisongs — those captivating folding knives that once graced the belts of youths in the 1970s and ’80s — no longer find themselves at the center of legal banter, not since the Florida Supreme Court rejected the argument that a balisong knife constituted a "deadly weapon" because of its moving blade concealed within its handle. In State v. Jackson, the Defendant was charged in 2010 with carrying a concealed weapon after police officers discovered a balisong knife stowed in his back pocket. The Defendant took a bold stand, contending that it was unreasonable to label the balisong as deadly because—unlike other knives—it required rotation of the frame to cause the sharp end to threaten injury. The trial court agreed and determined there were no substantial disputed factual issues as to the first prong of the deadly weapon test so the knife would be deemed a dangerous weapon as a matter of law. That ruling established the framework for a final judgment of acquittal.
The state appealed and the Third District Court of Appeal affirmed the trial court’s ruling. The Third DCA also, however, certified the question of whether a balisong knife is a deadly weapon, or firearm under Section 790.001(6), Florida Statutes, as one of great public importance. The State then appealed to the Supreme Court of Florida, which quashed the Third District Court of Appeal decision and remanded this case for further proceedings consistent with the decision.
The Florida Supreme Court pronounced that the State was correct and would not tolerate the notion that the Defendant’s balisong knife could not be considered a deadly weapon because it did not have a sheath or required a special movement to expose its dangerous side. After analyzing the flared blade of the balisong knife under the fifty-year-old definition of "deadly weapon" under the statutory and case law, and determining whether it was capable of inflicting death or great bodily harm, the Court answered the Third District Court of Appeals certified question in the affirmative: "A balisong knife, as described in the facts before us, a blade having a length of less than four inches, with a flared, triangular blade shape, with a handle that pivots along its length, meets the statutory definition of ‘deadly weapon.’"
While carving another constitutional line of reasoning against the "deadly weapon" standard, Justice Lewis penned a strong concurrence to proclaim "it is abundantly clear to me that the balisong knife in this case is a deadly weapon" because it plainly falls within the definition outlined in article I, section 8(a) of the Florida Constitution and section 790.001(6).
Balisongs Areas of Prohibited Use
There are statutory areas where Balisong knives cannot be carried or used in a legal manner. Schools and school property are a common range of prohibited places. Government buildings and public transportation are also prohibited ranges for carrying your Balisong. Keep an eye on the law if you work on a military base in Florida because it can be an official United States Government Property or Military Reservation. If you need to comply with the Federal Law or Florida Statutes, then you need to take extra care as a civilian or non-military person working on a Military Base.
Section 787.01(1)(o)(1), Fla. Stat. provides that a knife, commonly referred to as a "Balisong," "butterfly," or "fan knife," having one or more blades that are released from the handle when the handle is swung open and locked into position by a split in the handle is a type of "dangerous weapon" or "deadly weapon". In sum, you may not carry a Balisong knife out in Florida. You would need a concealed license to carry a Balisong knife outside of your home. The same thing goes for brass knuckles.
Penalties for Having One Illegally
Should someone be found in possession of an illegal balisong, it is highly likely that they will end up facing criminal charges. At a minimum, their offense will be classified as a second-degree misdemeanor, which carries up to 6 months in jail and a fine of up to $750.00. However, on their 3rd such conviction, a person will be charged with a third-degree felony punishable by up to five (5) years in prison. Often times, in lieu of incarceration , prosecutors will seek to resolve your case through probation for a specified length of time in addition to the following:
In addition to these penalties, it is not uncommon for officers to confiscate and hold upon arrest any unregistered balisongs found in your possession. This is especially true if you have a pocket trainer (i.e. folding practice knife). Should you fail to prove, beyond a reasonable doubt, that you were engaging in protected First Amendment activity, this property may be disposed of and never returned to you.
Carrying a Balisong in Accordance with the Law
When it comes to the legal carrying of a Balisong, they must be carried in a closed position otherwise it will be characterized as a deadly weapon. And it must not be used offensively. As a best practice, don’t carry them visibly on your person. If you carry it inside of a backpack, your car or briefcase, you will be free from any issues, provided it is properly sheathed. In the backpack you should keep your Balisong closed and sheathed. You should not open it when you are using it for tasks, such as opening boxes, because the moment you open it, it exposes the hidden blade and creates the potential for it to be characterized as a deadly weapon, especially if you do it in front of someone hostile.
As there is a very strict standard as to how weapons can lawfully be carried, follow the following guidelines to prevent getting in trouble:
The Florida state statutes, particularly 790.01 provide that all weapons, whether or not offensive, including knives, are proscribed from being carried on one’s person unless they are either open or concealed. This limits the class of knives whose manner of carry is prohibited. From our contact with law enforcement officers, we can say it is common practice to define knives as blades under 4 inches in length or 5.5 inches in width based on their descriptions of the blades.
We have researched and reviewed the case law to assess how courts and judges will approach this issue since 790.01 has not been subject to a jury trial. Florida statute 790.01 does not seek to prohibit the carrying of blades, but rather only makes it unlawful to have "any dirk, knife, or sword cane on their person." For this basis, we invite you to take a look at two cases, State v. Eaglin 6 So. 3d 1260 (Fla. 4th DCA 2009) and State v. Jackson 46 So. 3d 1069 (Fla. 1st DCA 2010).
The appeal courts in these two cases held that the State must prove that the blade is concealed and must produce evidence such as video surveillance footage in order to substantiate the charges. In State v. Eaglin the defendant testified that he was holding the sheath in his hands with the knife pointing down away from him. In State v. Jackson the appeal court refers to another case, Lee v. State 739 So. 2d 78 (Fla. 5th DCA 1999) where the court held that a folding knife is not considered a weapon for purposes of the statute. In these two cases we see that the standard is to carry the knife or blade opening in a downward position, pointing away from the body or to not lift the knife from inside of the customized sheath.
If you are transporting the knife from one location to another, you may keep it inside the backpack in a closed position or in the glove compartment of your motor vehicle.
Recent Legal Updates
In April 2018, the Second District Court of Appeal in Florida issued an opinion in State of Florida vs. Solomon, Case No. 2D16-3888, (April 18, 2018), holding that in order for a balisong knife to be considered a "bladed hand instrument," as defined in Florida Statute section 790.003, it must be one that has a blade which locks into position, such as a lock back or the commonly known "Mike Monroe," aka "Balisong," spring-loaded knives. In this case the trial court found that the defendant’s knife did not qualify as a "balisong knife" under Florida law, and dismissed the charge against the defendant on the grounds of "forfeiture by a recognized, mixed-and-pragmatic judicial arbiter who admitted that she didn’t know what a" balisong knife was. The trial court had ruled that "to be a Balisong knife, the knife needs to have a clothes pin mechanism. . . . Without that mechanism , it is not a Balisong knife." Id. at 2. The state appealed, and the Second District reversed the trial court, holding that a balisong knife does not have a narrow definition: "A balisong knife is ‘typically characterized by a blade that is concealed within a ‘dual-handled’ handle and released by a spring-loaded mechanism such that the blade swings out to lie parallel with the handle when opened.’" Id., citing Brooks v. State, 185 So.3d 1125, 1127 (Fla. 4th DCA 2015). Further, the appellate court, while affirming and otherwise supporting the trial court, noted that the trial court’s ruling that a balisong knife without a blade that locks into place was not a balisong knife OF ITSELF did not mean that the knife had to have a locking mechanism in order to meet the definition of "bladed hand instrument."