Brass Knuckles in California

Image from DefenseDevices.com

California has notoriously restrictive laws regarding possession of weapons, so it shouldn't be any surprise that brass knuckles are completely prohibited in the Golden State.

That prohibition includes possession, manufacture, importation and sales of any type of "hardened knuckles", whether they're made of metal, wood, composite (plastic) or even paper -- that's right, section 16680 of the California Penal Code specifically bans "any device or instrument made wholly or partially of wood or paper products", if that object meets the other criteria of hardened knuckles.

And the definition of "hardened knuckles" is pretty broad.  Basically, it includes any device used for offense or defense of the hand, either to protect the hand from injury when striking, or to increase the injury inflicted upon another.  On its face, this seems to include some common self-defense tools that are freely available on Amazon, like these kubaton keychains:

Item described on Amazon as "EIOU Self-Defense Key Chain"

The penalties are no joke, too.  If the weapon is made of some material other than metal, then the offense is a misdemeanor punishable by up to 6 months in jail and a fine of $1,000.  If the device is made wholly or partially of metal, then the offense can be treated as a felony, with a maximum prison sentence of 3 years.

There are many possible defenses to the charge of possessing an illegal weapon.  One common argument is that the item is not a weapon, it's a tool for some other "innocent use".  Think of motorcycle gloves with protective metal over the knuckles, or a ring that covers more than one finger.  Those items fit the definition of "hardened knuckles", but they're also commonly used for purposes other than as weapons.  If the judge determines that the object has some innocent use, then the DA must prove that the defendant actually intended to use the item as a weapon.

This argument is a little trickier than some people understand, though.  To successfully raise the "innocent use" defense, your lawyer must first prove that the object HAS some innocent use.  If the object is plainly a weapon -- and designed solely for use as a weapon -- then the defense is not available.  In that case, the prosecutor only needs to prove that the defendant knew that the object was CAPABLE of use as a weapon.  The DA does NOT have to prove that the defendant INTENDED to use the item as a weapon.  This is a nuance that trips a lot of people up.  There's a common misconception that brass knuckles are legal if you simply call them a "paperweight", or if you claim that they have some other innocent purpose.  If the object is obviously a set of brass knuckles, then the judge will not allow you to raise the "innocent use" defense.

The "self-defense" argument is another one that trips up a lot of my clients.  To successfully claim that you possessed an illegal weapon in self-defense, you have to prove some very specific things:

1. You reasonably believed that you or someone else was in IMMINENT danger of death or of some serious bodily injury.  "Imminent" danger means immediate danger, not some future threat of harm, no matter how great or likely the harm is believed to be. 
2. You reasonably believed that the immediate use of force was necessary to defend against that danger.
3. The weapon became available to you without planning or preparation on your part.  You didn't plant the weapon there in case you needed it later.  
4. You possessed the weapon temporarily, and not for any period of time longer than was necessary for self-defense. 
5. No other means of avoiding the danger was available, AND
6. Your use of the weapon was reasonable under the circumstances. 

Obviously, these criteria describe a very specific and unlikely scenario.  I talk to a lot of clients, though, who get into trouble because they possess weapons "for self-defense".  Unfortunately, I have to break the news to them that their situation does not qualify for a "self-defense" argument.  If you keep brass knuckles in your car "just in case", then you're violating the 3rd rule.  It's not a defense to argue that you possessed brass knuckles because you've been attacked before, or that you work in a dangerous area.  As you can see, the "self-defense" argument is more complicated than some people imagine.

It's also not a defense to argue that you purchased the item on Amazon, therefore it must be legal.  Amazon is full of items that are illegal to possess in California.  The seller might be outside of the state and beyond the reach of California law, or they might simply be a low enforcement priority.  Either way, you may be arrested for possessing an item that you purchased openly on a reputable site like Amazon or Ebay.

The law regarding "hardened knuckles" is especially frustrating because it is enforced so unevenly.  A police officer might spot your kubaton keychain (pictured above) and not say anything because it's not worth his time, or because he personally supports a woman's right to defend herself.  You might carry the item aboard an airplane 100 times without any issue.  But one day, a security screener at a public event might spot the object, recognize it as a "weapon", summon police and have you cited or arrested.  It's not right and it's not fair, but it is common.

If you or a loved one has questions about "hardened knuckles" or any other weapons in California, call us for a free attorney consultation.  (714) 449-3335.  Ask for John.

Thanks for reading.

Fullerton Weapons Lawyer