Is It Legal to Carry a Sword in Florida?

Florida Weapon Statutes

Florida’s weapons possession prohibitions are set forth in Fla. Stat. Ch. 790. The Florida Statute first defines the terms "firearm," "destructive device," and "weapon or electric weapon or device," and then defines those terms in turn. A "firearm" is (among other other things) any weapon (including a starter gun) that will, or is readily capable of, discharging or can readily be converted to discharge a projectile of any kind, such as a "pellet" or "BB," "by the action of an explosive." Fla. Stat. § 790.001(6). A "destructive device" is (among other things) any weapon, by whatever designation, which may be used or intended for use as a weapon against persons or property and which is capable of inflicting death or serious bodily injury. Fla. Stat. § 790.001(4). A "weapon or electric weapon or device" is any dirk, knife, metallic knuckles, slungshot, billie club, "sandclub," "bludgeon," "billy," "popularly known as a ‘slapper,’ or "other deadly weapon." Fla. Stat. § 790.001(13).
A sword is a "weapon" as defined under Fla. Stat. § 790.001 . Sheehan v. State, 979 So. 2d 260, 261 (Fla. 1st DCA 2008) ("A sword is a deadly weapon under section 790.001(3). According to Merriam-Webster’s dictionary, a sword is a ‘long bladed weapon that is capable of being wielded with one hand’"). Swords are not "destructive devices" under Fla. Stat. § 790.001. See State v. Casado, 751 So. 2d 67, 68 (Fla. 2d DCA 2000) ("A sword is not a ‘destructive device’ under section 790.001(2)(a)(16) (1999), because based upon Merriam-Webster’s definition, it does not appear to be primarily designed to expel a projectile.").
Swords do not meet the current legal definition of "firearm." This is so even though swords may have been "firearms" in years past. Fla. Stat. §790.001, defines "firearms" as "any weapon . . . that will, or is readily capable of, discharging or of readily capable of being readily converted to discharging a projectile of any kind by the action of an explosive." Swords are not firearms under this definition, as swords do not, and were not primarily designed to, expel projectiles by the action of an explosive.

Classification of Swords as Weapons

While there are many types of weapons, swords in Florida are classified as either concealable, non-concealable, firearm, or destructive device. Further, swords can be categorized under each of these classifications. A "concealed weapon" in Florida means any dirk, knife, metallic knuckles, slingshot, billie, tear gas gun, chemical weapon or device, or bludgeon, and, further, includes any other deadly weapon in which the nature of it conceals approval to the public to be used for other than lawful purposes. (italics added) Florida Statutes section 790.001(2)(a) provides that a "non-concealed weapon" is any dirk, knife, metallic knuckles, slingshot, billie, tear gas gun, chemical weapon or device, or bludgeon, any electronic weapon or device, any "billie club," any baton (including any nightstick, tonfa, or Yawara stick), any pan or object normally used in place of a club, a sword cane, or an AK-47-type semiautomatic weapon. (italics added) A "firearm" means "any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive." Art. I, §8(e), Fla. Constitution. With respect to swords and other bladed weapons generally, Florida Statutes section 790.001(2)(a) defines a "destructive device" as "any gas gun, chemical gun, bullet that explodes or detonates on impact, fléchette dart, grenade, rocket having a propellant charge of more than four ounces, rocket launcher, refined or unrewarded war gas, or any similar device." (italics added) Thus, while swords can be classed under different categories of weapons, Florida Statutes section 790.001(13) states "[t]he legislature intends to provide a uniform definition of terms commonly used regarding firearms or weapons." (italics added)

Lawful Possession and Carry of Swords

The law in Florida is specific and thorough about the types of weapons a person can legally carry, how they must be carried, and where they can take them. Go through this list and make sure all your swords and other weapons meet these requirements so you have no issues when using the sword as an object for art, practice, or even as a self-defense tool.

• First, the knife must have a blade longer than 4 inches to be concealed.
• Your sword can only be carried for lawful purposes, including self-defense. No carrying swords for the purpose of harming another person, including an intruder.
• It must not be used in a fight or argument when carrying it.
• Carrying swords with intent to use them unlawfully against another is illegal.
• No "Florida-enhanced weapons," like swords with a sword-breaker or those with a metal or non-metal knuckle grip, are allowed.
• If the sword has a blade longer than 26 inches, it is considered a "dangerous instrument" and can only be carried openly, not concealed.

Open Carry vs Concealed Carry of Swords

Florida law regulates the open carry and concealed carry of weapons and firearm. To understand how this may or may not apply to swords in Florida, you must first understand how the law determines what is to be considered a weapon. Here is what the statute says:

(10) "Weapon" means any dirk, knife, metallic knuckles, slingshot, billie, taser or electronic weapon or device, tear gas gun, chemical weapon or device, or other weapon defined in s. 790.001(13), or any knife, sword, sword cane, dirk, stiletto, or any other

deadly weapon carried openly.

So, unless you want to be committing the unlicensed carrying of a concealed weapon or firearm, it is best to carry a sword openly. Section 790.01, Florida Statutes states:

(2) Whoever carries concealed any weapon listed in s. 790.001(13), unless licensed as provided in s. 790.06(1), or unless exempted by the provisions of s. 790.25, commits a misdemeanor of the first degree, punishable by a term of imprisonment not exceeding 1 year and a fine not to exceed $1,000.

Next, you must not be a felon or otherwise prohibited from owning or possessing a firearm.

Finally, you would also be well advised to keep the sword longer than 4-inches from the tip to the hilt. A recent Florida court opinion defines a dirk or a bowie knife as a "non folding knife nam[ed] for a nonexistent Indian chief as per the United States Supreme Court decision in the case of United States v. , 103 U.S. 780, 784, 26 L. Ed. 417 (1881)." Id at 413. The statute is unclear as to how close a knife comes to falling within the "dirk / bowie knife" definition and thus, likely requires an actual court ruling to clarify. Considering how short many swords are compared to a bowie knife, it is likely that a short sword would be considered a weapon and therefore unlawfully carried openly or concealed.

Consequences for Unlawful Carrying of Swords in Florida

Penalties for illegal sword-carrying can vary, but it is commonly a first degree misdemeanor in Florida. This means that the penalties associated with a first degree misdemeanor can include up to 365 days in jail and a fine up to $1000. In addition, an individual may be placed on probation or community service may be required. If the individual charged packs a sword for concealed carry and has a weapons permit , the case may go in front of a jury, and it is an unclassified felony. Depending on the case details, there can be alternative sentences of three years of probation and no jail time, or a maximum sentence of five years in prison or prison followed by three years of probation.

Exemptions and Special Circumstances

There are some rare exceptions to the law where carrying a sword may be permissible. The first is if you have an invitation to attend a historical reenactment or a martial arts event. The law does not apply to swords if they are being used for these types of activities. For example, if you carry your sword with you into a community center where there is a conference regarding the Renaissance period, there is no reason that this should conflict with Florida laws.
Likewise, if you are carrying a sword to a downtown square where a crowd of people are gathered for a martial arts competition, this is not going to create a problem with law enforcement in the event that they see your sword. Officers will use good judgment when it comes to these types of situations.
However, another exception to Florida law is that if you happen to choose to carry your sword into a state facility, you may be able to legally do so as long as you are authorized to be there. Again, this is due to the fact that if you are there to participate in a lawful event and you have permission to be there, you will have nothing to worry about when it comes to the law.

Legal Counsel for Sword Carriers

If you’re still reading this, then you’re clearly a sword enthusiast. Unlike the gun community, which has faced an onslaught of gun control efforts and been forced into a largely reactively defensive position, the sword community as a whole has not had to fight too hard against any major efforts to restrict it. Because of this, there’s very little baloney going around regarding the legality of swords in Florida, but there’s still some common sense advice you should follow to make sure you stay on the right side of the law when carrying one.
You’re not going to find any laws that say you can or cannot carry a sword on your back. That doesn’t mean carrying a crudely made sword meant only for display is a good idea, and the state’s going to care far more if we have to charge any motorcycle gang member who got tired of waiting for his favorite barstool to open up. It’s also not going to care much for a short bladed tanto ornamentally tucked into your belt if you approach it carefully , but do remember this is still a state where people tend to notify the police if they see someone carrying what looks like a sword out on the street. Point being: even if you’re carrying a fully functional blunt sword that’s not immediately lethal to the touch, people may not know that. Being confronted by a police officer and being mistaken for a gang member is something you’re going to want to avoid. Avoiding the conflict when you can by taking the long way and leaving and returning to your destination with the vehicle you left in the first place is your best option, but if you have to interact, do so calmly and politely.
Your best bet is to always treat swords as weapons first, and if you’re in a friendly state like Florida, they’ll serve the purpose just fine. Yes, we have plenty of stores that sell swords and just as many people walking around with them, and you can carry them openly if you’re not explicitly prohibited. Yes, the state allows you to practice with them in your garage or backyard, and yes, it even allows your kids to practice with them under supervision. The gun community has historically gone through this before weapons bans came into effect, and the sword community can certainly learn from its mistakes.