Gabriel Carrera
southernthunderlegalblog.weebly.com
Florida - I have been contacted by a friend & member of the
Combat Vets in Alachua County, Florida that certain patch holders were
threatened with "arrests" for having whips on their bikes & not taking it
off after several warnings. Seems certain Alachua Sheriff's Office (ASO)
deputies in their opinion deem it's a dangerous weapon. I studies the issue
presented to me in the scope of the Florida Statutes and the Florida State case
law.
Historically: The Chilhowee Motorcycle Leather company online states that,
"back in the day, you'd see bikers sporting whips - hanging from their clutch or
brake levers as they rode. The leather whips were usually made from the biker's
club colors - to display their colors and for club recognition. But the whips
were a whole lot more than just leather club colors. A biker whip could be
quickly released and used "in case of emergency."
Today in South Florida I see many riders with whips hanging from their clutch or brake lever. That is why I found it troubling that law enforcement would target certain riders in Alachua County, my old stomping grounds in Hawthorne (a one traffic light / one diner town), and threaten motorcyclists with loss of freedom by way of arrest.
Weapon is defined as follows under Fla. Stat. § 790.001(13): "Weapon" means any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife. (No mention of whips)
Based on my quick research, Fla. Stat. § 495.111(1)(a)(18), has whips under commercial leather goods and is the ONLY mention of whips I found in the Florida law. I decided to see if the Florida Legislature slipped in magic language to cover whips as a weapon in their weapons definition. Fla. Stat. § 790.001(13) defines "weapon," but NO whips found.
Weapon is defined as follows under Fla. Stat. § 790.001(13): "Weapon" means any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife.
I checked case law and Whip is not considered a weapon. The only restriction on whips I found is the licensing of race horses and how a jockey can use his whip in a horse race. This does not mean some "aggressive"cop wont arrest you, but I think you have a solid case in law should you fight the charges.
In my short research of Florida Statutes, opinions, and case law…whips on bikes are motorcycle accessories NOT weapons! If you take the whip and start beating your spouse than this article does not apply to you since your causing bodily harm or possibly death in a crime of aggravated battery. YOU SHOULD NOT WHOLLY RELY ON THIS BUT FOLLOW UP WITH A fLORIDA LICENSED ATTORNEY IF YOU HAVE A LEGAL ISSUE.
I would like to hear from you and other attorneys. Please comment below your thoughts on this!
Thank you for SUPPORTING THE ATTORNEY THAT RIDES!
Today in South Florida I see many riders with whips hanging from their clutch or brake lever. That is why I found it troubling that law enforcement would target certain riders in Alachua County, my old stomping grounds in Hawthorne (a one traffic light / one diner town), and threaten motorcyclists with loss of freedom by way of arrest.
Weapon is defined as follows under Fla. Stat. § 790.001(13): "Weapon" means any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife. (No mention of whips)
Based on my quick research, Fla. Stat. § 495.111(1)(a)(18), has whips under commercial leather goods and is the ONLY mention of whips I found in the Florida law. I decided to see if the Florida Legislature slipped in magic language to cover whips as a weapon in their weapons definition. Fla. Stat. § 790.001(13) defines "weapon," but NO whips found.
Weapon is defined as follows under Fla. Stat. § 790.001(13): "Weapon" means any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife.
I checked case law and Whip is not considered a weapon. The only restriction on whips I found is the licensing of race horses and how a jockey can use his whip in a horse race. This does not mean some "aggressive"cop wont arrest you, but I think you have a solid case in law should you fight the charges.
In my short research of Florida Statutes, opinions, and case law…whips on bikes are motorcycle accessories NOT weapons! If you take the whip and start beating your spouse than this article does not apply to you since your causing bodily harm or possibly death in a crime of aggravated battery. YOU SHOULD NOT WHOLLY RELY ON THIS BUT FOLLOW UP WITH A fLORIDA LICENSED ATTORNEY IF YOU HAVE A LEGAL ISSUE.
I would like to hear from you and other attorneys. Please comment below your thoughts on this!
Thank you for SUPPORTING THE ATTORNEY THAT RIDES!
