Are Brass Knuckles Illegal in California? What the Law Says
Understand how California law treats brass knuckles, including legal risks, enforcement practices, and when legal guidance may be necessary.
Brass knuckles, often depicted in popular culture, carry significant legal weight in California, where simple possession can lead to criminal charges regardless of intent. Understanding the state’s strict regulations is crucial for residents and visitors.
Classification Under State Law
California law classifies brass knuckles, legally referred to as “metal knuckles,” as a “generally prohibited weapon” under Penal Code section 16590.1California Legislative Information. Penal Code Section 16590 This category includes items the state deems inherently dangerous, such as ballistic knives and short-barreled shotguns.
The specific statute governing metal knuckles is Penal Code section 21810. This law defines them as devices worn on the hand to increase the force or injury potential of a punch, encompassing items made of any metal fitting this description. Section 21810 broadly prohibits manufacturing, importing, selling, giving, lending, or possessing these items within California.2California Legislative Information. Penal Code Section 21810 Their inclusion in section 16590 underscores the legislative view that metal knuckles pose a significant risk, warranting strict control.
Possession and Carry Offenses
The act of possessing metal knuckles is a criminal offense under California Penal Code section 21810. This prohibition applies whether the item is carried on one’s person, kept in a vehicle, or stored at home.
The law covers both “actual possession” (physically holding the item) and “constructive possession,” which refers to having control over the item even if it is not immediately accessible, such as storing it in a glove compartment or drawer. Simply having metal knuckles within one’s control in California violates the statute. Unlike regulations for some other weapons, the legality does not depend on whether the item is carried openly or concealed; any form of carrying constitutes illegal possession because possession itself is forbidden.
Sale and Distribution Restrictions
Beyond possession, California Penal Code section 21810 also strictly regulates the transfer and commerce of metal knuckles. The statute makes it unlawful to manufacture or cause the manufacture of these items within the state.
Importing metal knuckles into California from any other location is also forbidden. The law comprehensively restricts commercial activities, making it illegal to keep metal knuckles for sale, offer them for sale, or complete a sale, whether through physical stores, online platforms, or private transactions. Furthermore, the statute prohibits non-commercial transfers, such as giving or lending metal knuckles to another person. Any action involving the production, importation, sale, or transfer of metal knuckles is prohibited under this law.
Criminal Penalties
Violating Penal Code section 21810 carries substantial criminal penalties. The offense is a “wobbler,” meaning prosecutors can charge it as either a misdemeanor or a felony based on the case details and the defendant’s history.
A misdemeanor conviction can result in up to one year in county jail, a fine up to $1,000, or both. A judge might also impose summary probation, requiring adherence to court conditions without formal supervision.
If charged as a felony, a conviction under section 21810 can lead to imprisonment for 16 months, two years, or three years, typically served in county jail under California’s realignment laws, along with a fine up to $10,000. Formal probation under the supervision of a probation officer may be granted. A felony conviction also carries lasting consequences, potentially affecting employment, housing, firearm rights, and immigration status. Prior felony convictions, especially under the state’s Three Strikes law, can lead to significantly longer sentences.
Confiscation and Law Enforcement Actions
Due to their illegal status under Penal Code section 21810, law enforcement officers in California are authorized to seize metal knuckles upon discovery. This can happen during lawful searches or if the items are in plain view.
Metal knuckles are legally classified as a public nuisance under Penal Code section 18010, which specifically lists items prohibited by section 21810.3California Legislative Information. Penal Code Section 18010 Items designated as nuisances are subject to confiscation.
Following seizure, Penal Code section 18010 mandates that these items “shall be subject to confiscation and summary destruction whenever found within the state.” Consequently, confiscated metal knuckles are generally not returned. The destruction process follows procedures outlined in Penal Code section 18005, ensuring the weapon is rendered unusable.4California Legislative Information. Penal Code Section 18005 Preservation is possible only if certified by a judge or district attorney as necessary for legal proceedings, after which destruction typically occurs.
When to Consult an Attorney
Given the complexities of California weapons laws like Penal Code section 21810, seeking legal advice is advisable if facing questions, investigation, or charges related to metal knuckles. An attorney can clarify how the intricate legal definitions, such as “possession” or what constitutes “metal knuckles,” apply to a specific situation.
Consulting a lawyer experienced in California criminal defense is particularly important if contacted by law enforcement or if unsure about an item’s legality. An attorney can explain potential charges, evaluate the prosecution’s evidence, and outline available legal options. They can also navigate the implications of the offense being charged as a misdemeanor versus a felony. Legal counsel ensures constitutional rights, such as protection against unlawful searches, are upheld and helps individuals make informed decisions throughout the legal process. Early legal advice can be crucial due to the serious potential consequences of weapons charges in California.
