California’s regulation of weapons is extensive, and items commonly known as brass knuckles fall under these strict controls. Many individuals seek to understand the specific laws surrounding their legality within the state. This article clarifies their legal status, prohibitions, penalties, and exceptions.
What California Law Considers Brass Knuckles
California law defines “metal knuckles” in a way that encompasses the common understanding of brass knuckles. Under Penal Code section 16920, the term describes any device or instrument made of metal or another hard substance that is worn on or around the hand. The design’s purpose is to increase the force of a punch or to cause more severe injury than a bare fist would.
The legal definition focuses on the instrument’s intended function as a weapon to augment a physical strike. This means that items made from various materials, including hard plastics or composite materials, can be classified as metal knuckles if they are designed for this purpose.
General Prohibition on Brass Knuckles
In California, the law creates a comprehensive ban on a wide range of activities involving brass knuckles. California Penal Code section 21810 makes it a crime for any person in the state to engage in several specific actions related to these items. The statute explicitly prohibits manufacturing, importing into the state, keeping for sale, offering for sale, giving, lending, or possessing any metal knuckles.1FindLaw. California Code, Penal Code – PEN § 21810 This broad prohibition effectively makes civilian ownership and transfer of brass knuckles illegal throughout California.
This general ban is reinforced by Penal Code section 16590, which lists “metal knuckles” as a generally prohibited weapon in California. This inclusion solidifies their status as contraband and places them in the same category as other restricted items like switchblade knives and short-barreled shotguns. The law aims to prevent the circulation and availability of these weapons within the state, targeting them at every stage from creation to personal possession.
Penalties for Brass Knuckle Offenses
A violation of this law is classified as a “wobbler,” meaning prosecutors have the discretion to charge the offense as either a misdemeanor or a felony. This decision often depends on the specific circumstances of the case and the defendant’s criminal history. The flexibility of a wobbler allows the legal system to apply penalties that range significantly in severity.
If charged as a misdemeanor, a conviction can result in up to one year in county jail, a fine of up to $1,000, or both. This level of penalty is typically applied in cases where the possession is considered less egregious, perhaps involving a person with no prior criminal record. The court may also grant informal probation as an alternative to or in addition to jail time.
When the offense is prosecuted as a felony, the potential consequences are more severe. A felony conviction for possessing, manufacturing, or selling brass knuckles can lead to imprisonment for 16 months, two years, or three years in county jail under California’s realignment laws. Additionally, a felony conviction can include a fine of up to $10,000. This harsher sentencing is generally reserved for more serious cases, such as those involving the large-scale sale or importation of these weapons.
Are There Any Exceptions to the Law
California law regarding metal knuckles is notably strict, and it provides very few exceptions for the general public. The prohibitions are comprehensive, and there are no special provisions that permit civilians to possess brass knuckles for reasons such as collection, display, or as antiques or curios. The statute’s focus is on the inherent nature of the item as a weapon, and it does not carve out exemptions for non-violent intent or historical value.
The primary, though limited, exceptions that exist are generally for law enforcement or other governmental agencies, and only under specific circumstances related to their official duties. These exceptions are narrowly defined and do not extend to private citizens. For the average person, there is no legal loophole or permit that allows for the lawful possession, sale, or importation of brass knuckles in California. The law is clear in its aim to keep these items out of public hands entirely.