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When is a Knife Not Considered a Weapon?

By Ron Chapman

          Jeffrey Browder was charged with committing the crime of possession of a concealed weapon by a convicted felon in the case of Browder versus State of Florida.  The "weapon" that he had was a folding knife with a blade less than four inches long.  The blade of his knife was folded into the handle at the time of his arrest.             Browder filed a motion to dismiss his case in which he argued that Florida statute 790.001(13) specifically states that a "common pocketknife" is not a weapon.  He further argued that his knife was, in fact, just such a knife.             Florida's Second District Court of Appeal agreed with Browder for the following reasons:             1...continue to full post

Full post as published by Palm Beach Criminal Defense Blog on March 15, 2011 (boomark / email).