Monday, January 4, 2016

Can a Chef, who is a Convicted Felon, Carry High Quality Knives to & from Work as "Tools of the Trade"? ~ Chosen as "Best Answer" on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     Am i allowed to carry chef knives as "tools of the trade" to and from work if I'm a convicted felon?  I was interested in purchasing a higher quality set of knives but i don't have any where to lock them up at work and i don't trust my fellow employees to just leave them there. My past is not a violent one and I'm just wondering if this could possibly cause more trouble for myself. I understand the whole weapons and convicts legality issue but it is simply a tool to me, like a plumber and their monkey wrench, a carpenter and their hammer, etc. I just want to stay out of trouble, do i have any options here?


A:     Chosen as "Best Answer" by Asker on www.AVVO.com





Best Answer
chosen by asker
Answered Per F.S. 790.23 anything under 4 inches does not require a permit and is lawful, but over 4" a knife - "tool of the cooking trade or not" - is considered a weapon. No matter what the justification, as a convicted felon you can expect to have issues if you carry any knife (or other object which could reasonable be considered a weapon, even if not in a court of law).

I understand your need to use tools for your trade but you need to understand that, outside of the kitchen, nothing - I repeat "NOTHING" (caps intentional) good can come from your packing what is legally considered to be a weapon.

While you might not ultimately be convictable on a new weapons charge (i.e your lawyer may ultimately be able to convince a jury to either pardon you or that the cop who arrested you was harassing you) you are almost certain to find yourself cuffed, arrested and facing bond, legal fees and the possibility of losing...

I suggest that you explore options. See if your employer has s secure place for you to store your "tools". If not then I'd advise against it. The risk is simply too high.

I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 


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Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1







THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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