The legal status of brass knuckles varies across the United States. In California, these items are strictly regulated. Understanding these laws is important, as violations can lead to serious consequences. This article outlines California’s laws on brass knuckles, including potential penalties.
Prohibited Status
In California, brass knuckles are illegal. Penal Code section 21810 criminalizes manufacturing, importing, selling, offering for sale, giving, lending, or possessing metal knuckles, the legal term for brass knuckles.1California Legislative Information. California Penal Code Section 21810
Metal knuckles are defined as devices of metal or other hard materials worn on the hand to increase punch force or injury. This definition includes items made from substances like plastic if designed to fit over knuckles to enhance a punch. Their potential to cause serious injury due to concentrated impact is why they are restricted.
The law on metal knuckles is part of Penal Code section 16590, which lists generally prohibited weapons.2California Legislative Information. California Penal Code Section 16590 Because of this, brass knuckles are per se illegal, meaning they are unlawful by their very nature, regardless of intent. Simple possession is a violation.
Sales and Distribution
California’s prohibition on brass knuckles extends to their commerce and transfer. It is unlawful to manufacture metal knuckles within the state. Importing metal knuckles into California is also criminalized.
The law also forbids keeping metal knuckles for sale, or offering or exposing them for sale. This includes storefront displays and online listings targeting California buyers. Non-commercial transfers, such as giving or lending metal knuckles, are also illegal.
Possession Offenses
Possessing brass knuckles, legally termed metal knuckles, is a criminal offense in California. Simply having them is illegal. Possession can mean more than just having them on your person.
The law distinguishes between actual and constructive possession. Actual possession involves direct physical control, like carrying metal knuckles in a pocket.
Constructive possession applies when an individual has the right to control metal knuckles or the location where they are stored (e.g., in a home or car), even without immediate physical custody. To prove constructive possession, it must be shown the person knew of the item’s presence and could control it. This can be more complex if multiple people had access to the location.
Joint possession occurs when two or more individuals share actual or constructive possession.
A conviction requires the prosecution to prove the defendant knowingly possessed the metal knuckles. The prosecution must also show the defendant knew, or reasonably should have known, the object was a weapon. Proving intent for unlawful use is not necessary, as knowledge of the item’s nature as a weapon is often sufficient due to their per se illegal status.
Penalties Upon Conviction
Offenses involving metal knuckles are wobblers, meaning prosecutors can charge them as either a misdemeanor or a felony, based on the case and the defendant’s criminal history.
A misdemeanor conviction can result in up to one year in county jail and/or a fine up to $1,000. Informal probation with court-ordered conditions may also be ordered.
If charged as a felony, penalties are more serious. A felony conviction can lead to imprisonment under Penal Code Section 1170 for 16 months, two years, or three years in county jail, depending on the defendant’s record and offense circumstances.3California Public Law. California Penal Code Section 1170 Fines can reach $10,000. Formal probation, with stricter conditions and supervision, is also possible.
A felony conviction carries long-term consequences beyond jail and fines, such as loss of civil rights like firearm ownership, and impacts on employment or professional licensing. Non-citizens may face severe immigration repercussions, including deportation.4Legal Information Institute (Cornell Law School). 8 U.S. Code § 1227 – Deportable Aliens
Seizure by Law Enforcement
California law enforcement officers encountering metal knuckles are authorized to seize them. Officers with probable cause to believe an object is a prohibited weapon like metal knuckles may seize it during lawful searches or if it’s in plain view.
Penal Code section 18000 supports this seizure by deeming prohibited weapons, including metal knuckles, a nuisance.5California Legislative Information. California Penal Code Section 18000
Seized metal knuckles are held as evidence. After legal proceedings, or if no charges are filed but the item is confirmed illegal, Penal Code section 18005 mandates their destruction.6California Legislative Information. California Penal Code Section 18005 Unless a court orders otherwise, these weapons are surrendered to law enforcement for destruction. Individuals should expect confiscation with no return of the item.
Potential Exemptions or Defenses
California law provides specific exemptions and potential defenses against charges related to metal knuckles.
Certain official entities and personnel are exempt. Penal Code section 17740 allows law enforcement agencies (federal, state, county, city) and the U.S. Armed Forces to sell, purchase, or possess these items.7FindLaw. California Penal Code Section 17740 Peace officers are also exempt when on duty and authorized by their agency to use the weapon.
Limited exemptions exist for cultural or entertainment purposes. Penal Code section 17705 permits historical societies, museums, and institutional collections to possess these items if part of a secured collection.8FindLaw. California Penal Code Section 17705 Penal Code section 17715 allows their use in film, television, video, or theatrical productions under strict conditions.9Justia Law. California Penal Code Section 17715
Legal defenses may also be available. One defense is a lack of knowledge, for instance, if an individual was unaware the item was in their control or did not recognize its nature as a prohibited weapon. Proving lack of recognition can be challenging.
A defense can also challenge whether the item meets the legal definition of metal knuckles. The law defines them as hard-substance finger rings or guards designed to be worn on the hand to inflict injury.10Justia Law. CALCRIM No. 2500: Illegal Possession of Weapon An object made of soft material or a non-functional decorative item might not qualify.
Transitory or momentary possession for disposal purposes might be a defense in limited situations. This defense argues possession was brief and solely to abandon, destroy, or surrender the item to law enforcement. Applying this to a per se illegal weapon like brass knuckles is fact-dependent and requires proof of lawful disposal intent. Its viability is narrow.