Possession of Brass Knuckles – California Penal Code 21810 PC
Brass Knuckles Possession in California: Charges, Penalties & Defenses
California Penal Code 21810 PC states:
“Anyone who manufactures or causes to be manufactured, imports into the state, keeps for sale or offers for sale, or who gives, lends, or possesses any metal knuckles is punishable by imprisonment in a county jail not exceeding one year.”
This law makes it illegal to own, sell, or distribute brass knuckles in any form, including those made of metal, plastic, resin, or composite materials. Unlike some weapons that may be carried legally with a permit, brass knuckles are entirely banned in California due to their classification as dangerous weapons.
Many people unknowingly violate Penal Code 21810 by purchasing brass knuckles online, inheriting them, or carrying them for self-defense. However, California does not allow exceptions for personal protection, meaning even possession without intent to use can lead to criminal charges. Depending on the circumstances, a violation of this law can be prosecuted as either a misdemeanor or a felony, carrying potential jail time and significant penalties.
A violation of this law can be charged as either a misdemeanor or a felony, depending on the specifics of the case. Below, we break down the legal definitions, penalties, and possible defenses for possession of brass knuckles in California.
What is Possession of Brass Knuckles Under California Law?
Simply having brass knuckles in your possession is against the law in California under Penal Code 21810 PC, making it illegal to:
- Manufacture, import, sell, or give away brass knuckles
- Possess brass knuckles in any form, including metal, plastic, or composite materials
- Carry brass knuckles in public or private spaces, including vehicles and homes
Unlike other weapons, brass knuckles are completely prohibited in California, meaning even simple possession is illegal, regardless of whether the item was used, brandished, or intended for self-defense.
Many people unknowingly violate this law by purchasing brass knuckles in another state or ordering them online, only to realize later that possession is a crime in California. If law enforcement finds brass knuckles in your possession, you could face arrest and criminal charges for possession of brass knuckles.
Are Brass Knuckles Illegal in California?
Yes, brass knuckles are illegal in California and are classified as prohibited weapons under state law. Unlike some weapons that may be carried legally with a permit, brass knuckles are banned entirely, regardless of their intended use. This restriction applies to all types, including those made from:
- Metal
- Plastic
- Resin or other composite materials
Even decorative or novelty versions fall under this ban. Simply owning, selling, or carrying brass knuckles—whether for self-defense or collection—can lead to criminal charges, regardless of intent.
When Can You Be Charged With Possession of Brass Knuckles?
To convict someone under Penal Code 21810 PC, prosecutors must prove the following elements:
- The defendant possessed brass knuckles – This can mean carrying them on your person, keeping them in a car, or storing them in a home or business.
- The item met the legal definition of brass knuckles – The prosecution must prove the object was designed to fit over the knuckles and enhance striking power.
- The defendant knowingly possessed the brass knuckles – If the person was unaware they had brass knuckles in their possession, this could be a valid defense.
Common Situations Leading to Charges:
- Carrying brass knuckles for self-defense
- Transporting brass knuckles across state lines
- Purchasing brass knuckles online and receiving them in California
- Possessing brass knuckles as a novelty or collector’s item
Because intent to use is not required, simply having brass knuckles in your possession can result in criminal charges.
Penalties for Possessing Brass Knuckles in California
A conviction for possessing brass knuckles can lead to serious legal consequences, ranging from misdemeanor penalties to felony charges, depending on the specifics of the case. The prosecution will consider factors such as prior criminal history, whether other illegal weapons were involved, and if the brass knuckles were used in connection with another crime.
Misdemeanor Penalties
If charged as a misdemeanor, a conviction may result in:
- Up to one year in county jail
- A fine of up to $1,000
- Misdemeanor probation
Felony Penalties
In cases where aggravating factors are present, such as prior felony convictions, possession of multiple illegal weapons, or involvement in another crime, prosecutors may pursue felony charges under Penal Code 21810. A felony conviction can lead to:
- 16 months, two years, or three years in state prison
- A fine of up to $10,000
- Formal probation, depending on the circumstances of the case
Additional Consequences
- A permanent criminal record
- Difficulty obtaining employment or housing
- Loss of firearm rights in California
Are There Any Exceptions to California’s Brass Knuckles Laws?
California law strictly prohibits the personal possession of brass knuckles, but there are a few limited exceptions. Law enforcement officers may legally possess them if required for official duties. In some cases, antique collectors or museums may be allowed to keep brass knuckles for display purposes, provided they have proper authorization. Additionally, if a person temporarily possesses brass knuckles solely to dispose of them and is caught before doing so, a legal defense may be possible. However, even in these situations, failing to comply with the law’s requirements can still lead to criminal charges.
Brass Knuckles & Self-Defense: What You Need to Know
Many people assume brass knuckles are a legal self-defense weapon, but this is not true in California. Using brass knuckles in a self-defense situation can lead to:
- Criminal charges for possession and use
- Additional assault or battery charges
- Severe legal consequences, including felony charges
Legal Alternatives for Self-Defense in California:
- Pepper spray – Legal for adults when used in self-defense
- Personal alarms – A loud deterrent for attackers
- Stun guns – Allowed with restrictions in California
If you are looking for legal self-defense options, brass knuckles are not permitted under state law.
Legal Defenses Against Brass Knuckles Possession Charges
- Lack of Knowledge – If you were unaware that the item was in your possession, you may not be guilty under the law.
- The Item Was Not Brass Knuckles – Some objects resemble brass knuckles but do not meet the legal definition.
- Illegal Search & Seizure – If law enforcement violated your Fourth Amendment rights when discovering the brass knuckles, the evidence may be inadmissible.
- No Possession – If the brass knuckles were found in a shared space, such as a home or vehicle, the prosecution must prove you had control over the item.
Charged With Possession of Brass Knuckles? Contact a Los Angeles Criminal Defense Attorney
If you have been accused of possessing brass knuckles in Los Angeles, acting quickly can make all the difference in your case. Law enforcement and prosecutors take weapon possession charges seriously, often pushing for the harshest penalties available. However, many of these cases involve misunderstandings, unlawful searches, or lack of intent, which can be strong grounds for dismissal or reduction of charges.
At The Law Offices of Arash Hashemi, we know that early intervention is key. If our firm is retained before formal charges are filed, Attorney Hashemi may be able to negotiate with law enforcement and prosecutors to prevent your case from moving forward—a result known as a DA reject (declining to prosecute). If charges have already been filed, we will work aggressively to challenge the evidence, negotiate reduced penalties, or pursue a complete dismissal. Contact our Los Angeles criminal defense attorney today for a free consultation and let us start building your defense.
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