A Knife With a Blade of Four Inches or Less Is Considered A Common Pocketknife

In L.B. v. State, 700 So. 2d 370 (Fla. 1997) the Court considered whether the "common pocketknife" exception to the statutory definition of "weapon" under section 790.001(13) of the Florida Statutes (1997), was unconstitutionally vague. See id. at 371. The Court held that the exception was not unconstitutionally vague and was capable of ascertainment by Florida's juries. The Court determined that the term applied to the type of knife in which the blade folds into the handle permitting it to be carried in one's pocket. See id. at 372. In determining that the exception applied to the knife carried by L.B., the Court noted an opinion of the Attorney General from 1951 stating that a pocketknife with a blade of four inches or less was a "common pocketknife." See id. at 373.