Are Brass Knuckles Legal in Pennsylvania
Pennsylvania is a state that does not take the position that brass knuckles are legal, therefore the unlawful possession of brass knuckles is a misdemeanor offense in the state of Pennsylvania. Although unlawful possession of brass knuckles seems to be the primary offense cited for the unlawful possession of brass knuckles, it is possible also to be charged for unlawful sale, offering for sale, or manufacture of brass knuckles as well. The laws that are relevant to brass knuckles in Pennsylvania can be found in 18 Pa. Stat. Ann. § 908. The laws state: § 908. Prohibited offensive weapons (a) Offense defined. – A person commits a misdemeanor of the first degree if he: (2) manufactures, sells or offers for sale any offensive weapon. (b) Definition . – As used in this section the term "offensive weapon" means any weapon or device designed, made or adapted for the purpose of inflicting death or serious injury and which serves no common lawful purpose. The term includes but is not limited to any firearm, multiballbearing type hand-held slingshot, gravity knife, switch-blade knife, dagger, dirk knife, knife, stiletto, sword cane, after hours type flashlight, taser or any stun gun, laser pointer or any other implement or device which projects, releases or emits an electrical, impulse, wave or beam which produces an effect on the human body similar to electric shock, incendiary or explosive substance, metal knuckles, cesti, nunchaku or any similar device intended for use as a weapon or to inflict injury upon a person or to permit an individual to control or restrain a person. The term does not include any weapon as defined in section 907 (relating to possession of weapons of mass destruction).
Penalties for Brass Knuckles Possession
Possessing brass knuckles may have serious consequences for you. Brass knuckles are considered weapons meant to inflict harm, and the law considers possession of a weapon as illegal, unless you have the proper licenses to carry the weapon. Even though brass knuckles might seem non-threatening, they possess a large amount of potential to cause injuries when used in fights. If you end up on the wrong side of the law due to possession of brass knuckles, there are a few potential legal consequences that could arise.
You can be arrested and charged: If police officers find you in possession of brass knuckles, you could be arrested and charged with carrying a concealed weapon, which is a first-degree misdemeanor. If you are convicted of this charge, you could face up to five years in prison and/or a $10,000 fine. However, if you do not carry the concealed weapon, you may be charged with a summary offense, which could bring with it a $300 fine.
You may undergo legal scrutiny: Police may use the offense as an opportunity to investigate you for other crimes. For example, if you get pulled over while carrying brass knuckles, the officer may search your car to see if there are any other weapons or illegal substances within. This could lead to further charges that would otherwise not have gone to trial.
You may be sued: If you use the brass knuckles to cause physical injury to someone else, you could be subject to a personal injury lawsuit. If the offense takes place at work and is found to be within the scope of your employment, your employer may be named in the suit as well and the resulting injuries could bring about a monetary award in damages.
Lawful Exceptions and Defenses
There are two notable exceptions to the general prohibition on brass knuckles. The first exception is for a "necessary weapon," which is most commonly understood to be a weapon that (1) is needed for "immediate protection"; (2) cannot legally be carried; and (3) is not otherwise available. Because of the stringent burden to establish that a need for a "necessary weapon" exists, this exception rarely applies. See Commonwealth v. Koren, 232 Pa.Super. 22, 23-25, 601 A.2d 493, 496 (1992) (applying the strict standard and affirming conviction for carrying a concealed and dangerous weapon even though defendant argued that he was required to carry a shank while in prison, and that he did not have access to a higher quality shank, steel pipe, or a serrated spoon as alternatives).
The second exception can be found at 18 Pa.C.S. § 908(b), which proscribes "the manufacture, sale, barter, transport or offer thereof," but explicitly excepts from its coverage "a device or instrument not designed for bodily harm used in sports or athletic competitions or for recreation." The courts have held that this exception covers a brass knuckle ring, a punching glove, a stunt prop, and a starter pistol, and in each instance, the Commonwealth will have the burden of establishing that the specific object at issue was designed for bodily harm. See Commonwealth v. Jones, 249 Pa.Super. 302, 306-07, 376 A.2d 646, 648 (1977) (holding that a brass knuckle ring was designed for bodily harm where it was twelve to fifteen ounces in weight and had a sharp bullet like projection); Commonwealth v. Jones, 878 A.2d 868, 872 (Pa.Super. 2005) (allowing a "boxing glove" exception where the glove was meant to be worn during boxing); Commonwealth v. McHugh, 410 Pa.Super. 551, 605 A.2d 127, 128 (1992) (holding a stunt prop that shoots ping pong balls at very low velocity to be exempt); see also Commonwealth v. Marshall, 455 Pa.Super. 564, 688 A.2d 1177, 1181 (1996) (allowing an "exhibition" gun exception where the gun was capable of discharging a blank cartridge and only took an experienced individual nine seconds to file off the safety to make it a "real" gun).
Of course, this discussion of brass knuckles law becomes purely academic if you arrive at the scene of an arrest with them in your pocket. The only way to know whether you will be charged is to ask law enforcement personnel. They are necessary to carry out your best possible defense.
Comparative Laws of Neighboring States
Let’s compare Pennsylvania law to the laws in our neighboring states.
New York: Brass knuckles are illegal. The law does not specifically mention brass knuckles, but they fall into a general category of weapon known as a "metal knuckles." Metal knuckles are defined as a "finger ring" that protects the knuckles of the user. Like Pennsylvania law, it must be determined if the knuckles are made for "protection of the person." There are a few exemptions to this prohibition. While most knife knives are prohibited, designer weapons and knuckles are exempted under the Swords & Machetes Law (N.Y. Gen. Bus. Lt. 122). This law permits a customer to bring a sword, machete, or an "exempt" weapon from the retailer to his home. As is the case in Pennsylvania, it is illegal to carry brass knuckles on your person, in your car, or on your property, no matter if you are "going to" or "coming from" somewhere. In addition, New York law prohibits possession of metal knuckles to persons who have been convicted of a felony, or have a previous conviction in New York or other states for unlawful possession of metal knuckles. In New York, brass knuckles are illegal to sell or possess. If you have brass knuckles on you, you will be charged with criminal possession of a weapon in the fourth degree, unless the weapon is used "against another." That charges becomes a felony if you have previous criminal conviction on your record , convictions related to weapons, or you are in the company of another individual who is also in possession of a weapon.
New Jersey: Brass knuckles fall under a very broad definition of a "weapon" that is prohibited in New Jersey. The law concerning weapons includes any "hand instrument" that is designed for "cutting, stabbing, shooting, strangling, or bludgeoning…" N.J.S.A. 2C:39-1(f). This definition would include guns, knives, or even parts of guns (e.g. gun powder). The law regarding weapons in general states that it is illegal to possess weapons in the state of New Jersey unless they fall under a specific category of exemptions. See discussion above regarding NY law about designer weapons. In addition, brass knuckles are also listed as a "prohibited weapon." N.J.S. 2C:39-3(d). This is a more specific law and carries a more significant penalty for possession than the general weapons prohibitions. Perhaps the most important thing to remember is that the crimes of possession of a weapon in the first, second, or third degree are "indictable offenses" and must be prosecuted by New Jersey County Prosecutors. New Jersey Weapons/Firearms Penalties Chart. In short, if you are caught with a brass knuckles or another "prohibited weapon" in New Jersey, the crime will rise to a felony.
Case Law: Examples of Detected Brass Knuckles
Examining real-world examples of legal outcomes involving brass knuckles in Pennsylvania can provide insight into how the courts interpret and enforce these laws. In 1992, in the case of Commonwealth v. Williams, the Pennsylvania Superior Court upheld a conviction for possession of brass knuckles under the Crimes Code, reinforcing the categorization of brass knuckles as prohibited offensive weapons. The defendant argued that he had not used the brass knuckles in committing a crime; however, the court determined that possession with the intent to use them as an offensive weapon was sufficient for conviction.
Another significant case involved a defendant who was charged with multiple offenses, including possession of a firearm without a license, possession with intent to deliver, possession of a controlled substance, and possession of an offensive weapon, after police found both firearms and brass knuckles on his person. At trial, the defendant argued that he was unaware of the brass knuckles and lacked any understanding of the charges against him. The Pennsylvania Superior Court convicted the defendant, finding that the presence of the brass knuckles in combination with the other offenses demonstrated an intent to use such items as a weapon.
A more recent case involved a defendant facing charges of carrying a concealed weapon without a license and possession of an offensive weapon after being stopped for erratic driving. The officer in that case found brass knuckles in the defendant’s pocket during a pat down. The court ruled that the brass knuckles were clearly designed to inflict serious bodily injury. Having thus established the defendant’s knowledge of the item’s characteristics, the court concluded that the defendant’s intent to use the brass knuckles for harmful purposes was evident beyond a reasonable doubt.
These cases exemplify the approach that Pennsylvania courts have taken in facing difficulties distinguishing between legitimate and illegal uses of brass knuckles, such as those intended for keychains or ornamental jewelry. Moreover, they also highlight the careful consideration given to individual circumstances and intent in every case.
Other Options to Brass Knuckles
Given the illegality of brass knuckles in Pennsylvania, many people are interested in finding other self defense tools to bring them some sense of security and comfort. While there are no limitations on non-lethal weapons, such as pepper spray and taser guns, just like with brass knuckles, there are some specific guidelines and restrictions for these recommended alternatives. One of the most common is a self-defense keychain. These are harder than normal key chains and can be used for striking an attacker in the head or face . As with other weapons, this type of weapon is designated for defensive purposes only and should be used as a last resort after all other means of defense have been exhausted. You will likely be found guilty of aggravated assault if you hurt someone with a karambit instead of using it for self-defense. Another non-lethal weapon that is becoming increasingly popular is a self-defense umbrella. These are sturdier than a traditional umbrella and can be used to deliver a blow to the attacker, thereby diminishing the assailant’s attacks so you can escape the danger. Additionally, these weapons are legal to carry and can even be shipped directly to your home, unlike brass knuckles.
