§ 21-14. Dangerous weapons; penalty; trial court.

(a)

Concealed dangerous weapons. It shall be unlawful for any person to wear under his clothes, or concealed about his person, or to display in a threatening manner any dangerous or deadly weapon including, but not by way of limitation, any pistol, revolver, slingshot, cross-knuckles or knuckles of lead, brass or other metal, or any bowie knife, razor, dirk, dagger, or any knife resembling a bowie knife, or any other dangerous or deadly weapon, except as hereinafter provided.

Note— Florida Statutes § 790.33, as amended, preempts and declares null and void all local ordinances, administrative regulations and rules in the field of firearms and ammunition, with limited exceptions set forth in § 790.33, as amended.

(b)

Switch blades. It shall be unlawful for any person to sell, offer to sell, display, use, possess or carry any knife or knives having the appearance of a pocket knife, the blade or blades of which can be opened by a flick of a button, pressure on the handle, or other mechanical contrivance. Any such knife is hereby declared to be a dangerous or deadly weapon, within the meaning of subsection (a) and shall be subject to forfeiture to the County as provided by subsection (c).

(c)

Forfeiture in addition to other penalties. Every person convicted of any violation of this section shall forfeit to the County such dangerous or deadly weapon so concealed or displayed.

(d)

Exception. Nothing in this section shall be construed to forbid any regular, special or ex officio police officer from carrying or wearing, while on duty, such weapons as shall be necessary in the proper discharging of his duty.

(e)

Penalty. Every person who is convicted for a violation of subsection (a) shall for first conviction thereof be punished by imprisonment for not less than six (6) months and by a fine of not less than one thousand dollars ($1,000.00); for a second or subsequent conviction of a violation of subsection (a) such person shall be punished by imprisonment for not less than one (1) year and by a fine of not less than one thousand dollars ($1,000.00).

(f)

Court of appropriate jurisdiction vested with trial jurisdiction. All violations of Section 21-14(a) shall be prosecuted only in the court of appropriate jurisdiction which shall have original, exclusive jurisdiction to try all cases arising hereunder. Provided, however, that where an act is recognized by State law as a misdemeanor and by this section as an offense, complaints against persons charged with such unlawful acts may be filed and prosecuted in either the court of appropriate jurisdiction or the Criminal Court of Record of Miami-Dade County, Florida, as the prosecuting attorney shall direct.

(g)

Certain municipal ordinances superseded. The provisions of Section 21-14, Miami-Dade Code, as amended by Ordinance 68-72, shall pertain to all violations thereof within the County and supersede and nullify those provisions of any and all municipal ordinances, codes and laws which define or penalize any act prohibited by Section 21-14(a) except those municipal ordinances, codes and laws not in conflict therewith and which contain an identical penalty provision.

(Ord. No. 58-5, § 22.01, 2-18-58; Ord. No. 68-72, §§ 1, 2, 11-19-68; Ord. No. 68-84, § 1, 12-17-68)

Editor's note

Ord. No. 68-72, amended § 21-14 by adding subsection (c). Subsection (f) of § 21-14, derived from § 2 of said Ord. No. 68-72, was codified as said subsection pursuant to the authority set out in § 3 of said Ord. No. 68-72. Ord. No. 68-84, § 1, amended Ord. No. 68-72 by adding thereto another section which the editors, in their discretion, have codified as subsection (g) of § 21-14.