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Newsletter #20 – Switchblades & December 2000 Legal Update (Revised)

Good morning Folks. Once again Jon Gutmacher, author of 'Florida Firearms - Law, Use & Ownership" comes through for us. Jon recently published the December 2000 legal update but has issued a major revision due to new law in regards to the sale and possession of Switchblade Knives (those knives with either a spring or coil mechanism). They are now illegal and will expose the person, even if they have a concealed weapon permit, to those penalties associated with a First Degree Misdemeanor (One year in County Jail & $1000 fine plus probation, community service, etc) if convicted. Please feel free to contact either Gary or myself if any questions. Stay Safe!  Norm

Jon H. Gutmacher, P.A.

Board Certified — Criminal Trial Attorney

200 N. Thornton Avenue

Orlando, Florida 32801

Phone: (407) 650-0770                        Fax: (407) 425-7679           www.FloridaFirearmsLaw.com

February 19, 2001

DEALER WARNING

— WARNING —

WARNING: A recent Florida appellate court case wrongly interpreted the  switch-blade statute, F.S. 790.225 — and held that possession of a switch-blade knife is  a first degree misdemeanor!   This case is very wrong — but is now the law, and will stay so,  unless the law is changed, or further appeal is taken.

THIS CASE IS ENTITLED TO STATE-WIDE APPLICATION!

It is unknown if the losing party sought rehearing, or if the case is being taken to the Florida Supreme Court.   Thus, you can be prosecuted for sale or possession.     State v. Darynani, 26 FLW 53 (4DCA 12/27/00)

I strongly suggest that a class action for declaratory relief be taken, as this decision covers any knife where the blade is opened by a spring type mechanism.

Copyright — Jon H. Gutmacher — 2001

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