Brass Knuckles Illegal?

[jimmyraythomason]

zignal zero, I found in the original Code of Alabama 1905 where possession of "brass knuckles/metalic knuckles" were outlawed but cannot find the same language in the revised version. Brass knuckles are defined as "deadly weapons" by the code.

 

[zignal_zero]

Jimmyraythomason -

that's cool. i was just asking because, down here, they are defined as a "weapon" along with several other items, BUT we don't have any statute saying we can't openly carry "weapons" (with the exception of a firearm). our statute only says we can't "conceal" them. people refrain from doing it, because they assume it's illegal or worse because a LEO who didn't understand the law told them they couldn't, but the truth is - we have no STATE law that says we can't wear them on our belt, with a billy club on the other side, and a sword strapped across our back

 

[mustang_steve]

Knuckles make horrible weapons for many reasons, including:
hard to put on
hard to remove (injury to hand)
most aren't fitted properly (injury when used, or ineffective at the best)
most aren't trained to punch properly to begin with, let alone how to use knuckles effectively (technique is a bit different depending on your goals with it).

Honestly, a roll of nickels does a better job. When I was too young to carry a weapon but needed something (joys of growing up in a high risk area), I used to use a piece of dowel rod to do the nickel trick...all it does is make your hands more rigid, allowing for more power with less risk of breakage, provided you picked the right size dowel.

 

[Carl N. Brown]

My sister used a .357 magnum to chase-off a home invader and detain a car burglar for arrest; the police had no problem with that, because TN Const. Art I Sec 26 is interpreted as an absolute right to have a gun on the home or place of business for self-protection. The "going armed" statute treats brass knuckles as a prohibited weapon if carried for defense or offense. In other words, the system is cool with defensive use of .357 revolver, but not with brass knuckles (other than in the home as a collectible or paperweight).

 

[hso]

Keep in mind that there's an important difference between a "defense to prosecution" where meeting the criteria spelled out in the law for exception to the law puts the burden on the prosecutor and an "affirmative defense to prosecution" where the person with the prohibited weapon is required to "prove by a preponderance of the evidence" with the burden of proof to demonstrate that the prohibited weapon qualifies for exception to the law.

The curio/relic exception in TN is only under the affirmative defense to prosecution criteria.

Read your state law and consult with an attorney and/or get a written opinion from your state top lawyer for any legal opinion when it comes to the potential for criminal prosecution.

 

[rscalzo]

I'm almost positive that in NJ possession is ok

Yes, but you have to sing and dance the songs from "West Side Story" while in possession of them.

 

[Beaux Nehr]

I don't go looking for a fight, so I carry a gun.. The gun ends all fights.

It's not a magic wand. Seriously, you should have options for de escalation.

 

[Joe Demko]

When you're a Jet,
You're a Jet all the way
From your first cigarette
To your last dyin' day.

 

[acgill07]

In Arkansas they are explicitly listed as prohibited weapons. Possession is not only illegal it is a felon. Kind of crazy.

 

[augustino]

deadley weapons...

Sometimes the laws can be counter intuitive. For instance I have and have had for years a CCW permit in Tennessee. Yet I am not allowed to carry a folding baton which is far less lethal than a pistol in my oponion.
So my CCW allows me to carry a handgun but I'm violating the law if I carry an extending baton? I must first get certified by taking a course (training) by a certified instructor of the expandable baton. They say if you strike to the head it's considered lethal force. Personally I think a strike to the knee or ribs is plenty good enough. But if one is coming at me with a knife, a thump on his noggin might strike a bit of sense into the fool.

But of course NEVER violating the law I can't and do NOT carry an expanding baton.

 

[Carl N. Brown]

As I understand it (and yes I could be wrong), curio or ornamental collectible might work as a defense for ownership as a paperweight or wall hanger, but if it's in your pocket on the street, it's going armed with a prohibited weapon.

 

[hso]

CCW permit in Tennessee

TN issues a handgun carry permit instead of a weapons permit like KY issues so we only are permitted to carry handguns. Certification in baton is an obscure exception to the prohibition on carrying a "club", but it is a pretty good idea overall since such certification trains the wielder in the use of the baton in the less lethal role.

if it's in your pocket on the street, it's going armed with a prohibited weapon

Yep, carry is a no-no. Do keep in mind that if you don't have a collection on display or in a drawer or the knucks are "Uncle Ed's who carried them on the beat/during the war" it won't prevent you being charged with violation of the prohibition, it just means that you have that defense in court (which is an expensive proposition).