Brass Knuckles Basics
The basic description of brass knuckles is that they are a type of clutch weapon. Brass knuckles typically consist of a metal, or non-metal material such as plastic, coating the part that fits between the fingers with an open space for the fingers to fit through. They are usually made of metal, but there are many replicas made out of non-metal materials being sold online. They provide a method of inflicting damage to someone by punching them with the fist and causing a laceration, bruising, and/or fracture of the facial bones. Brass knuckles are a strong, easy to conceal (compared to a stick , bat, or knife), and often painful way to use one’s fist as a weapon.
There is much history, lore, and legend surrounding the use of brass knuckles. Regardless of the story, it’s important to know that it has been a common tool of choice amongst many. In the United States, they were often carried by those who were enforcing the law, such as the police force, in the late 1800s as a way of controlling prisoners and crowds without killing someone. Over the years and still today, many soldiers use them, often together with other weapons. Today, they are readily available online.
Overview of NC Weapon Laws
At the local level, in North Carolina, municipalities have the power to regulate and prohibit the possession or carrying of certain types of weapons, if the municipality passes an ordinance. These local ordinances cannot specifically target the Second Amendment (guns), but they may address other types of weapons. In North Carolina, this means that brass knuckles are considered an offensive weapon and are therefore prohibited under local ordinances. Under North Carolina law, within the statute entitled "Weapons on campus or other educational property," you will see that it is a Class 3 misdemeanor to possess "a (1) billy club, (2) blackjack, (3) mace or tear gas gun, (4) knife, (5) bowie knife, (6) dirk knife, (7) dagger, (8) leaded cane, (9) metal knuckles, (10) razor blade, (11) shuriken, or (12) "star blade" knife, or any other deadly weapon of like kind: Provided, however, that the weapons described in subdivisions (1) through (12) of this section shall not include kitchen knives or firearms, including pistols, rifles, shotguns, or similar type weapons." Thus, while it is a misdemeanor to possess a brass knuckles type of weapon (or anything like them as listed in the statute) within educational property such as a primary or secondary school, engineering, vocational, or professional school, an institution of higher education or any other educational institution, it is not illegal in Name.
Statutes Related to Brass Knuckles in North Carolina
Brass knuckles are regulated by N.C.G.S. 14-8.2, which states that "It is unlawful for any person or persons… to sell or to offer to sell to any person or persons any metal knuckles or a "brass knuckle weapon" as that term is used in G.S. 14-269." The statute defines a brass knuckle weapon as "any hand instrument sized to the human hand that holds an edge or is of a sudden strike type and is designed to inflict severe physical injury or harm by striking a person with the covered hand." The list of prohibited weapons goes on to include items such as metal spikes, knives, slingshots and shurikan (throwing stars) to name a few.
Classes 1 and 2 misdemeanors are the classification for offenses involving brass knuckles. The usual penalty for a Class 1 misdemeanor is up to 120 days in jail or 240 hours of community service. The distribution of brass knuckles or the intent to make a sale is a Class 2 misdemeanor which has a maximum penalty of 30 days in jail or 60 hours of community service. None of these laws apply to items that are "to be used solely, properly, and exclusively for athletic sports purposes." So theoretically, if your 9mm brass knuckle is being used exclusively for boxing, you may be breaking the law but would have a defense.
Criminal Penalties for Brass Knuckles in North Carolina
The penalties for violating this statute are substantial. A conviction for the offense of possessing brass knuckles in violation of N.C.G.S. § 14-8(c) is a Class I felony. This means that you would face a maximum jail sentence of 4-8 months and a minimum sentence of 3 years of probation. An offense classified as a Class I felony is a felony offense for all purposes, including voting rights, employment eligibility and expungement.
Like all criminal convictions, a conviction for possessing brass knuckles in North Carolina has long-lasting effects beyond your initial sentence. The statute has no alternative means for punishment, meaning that the statutory maximum is also the statutory minimum. The only other potential penalty is a fine, which the judge may have discretion to impose. Or, the judge may require you complete a pretrial diversion program (more on that below), or simply dismiss the charge against you.
This charge is classified as a Class I felony under North Carolina law. To be convicted of this charge, the State must prove beyond a reasonable doubt that you (1) possessed a set of brass knuckles (2) with the knowledge that the object was a set of brass knuckles. This means that the State would not need to prove that you use the brass knuckles for self-defense or any other specific purpose.
It is important to note that even if you were not actually using the brass knuckles at the time of your arrest, the statute does not require that you were actively brandishing or employing the brass knuckles at the time of the offense. Rather, the statute broadens the definition of "possession" to include both (a) possession coupled with (b) constructive possession. The latter concept refers to when you have knowledge of the brass knuckles and "maintain control or authority over it." Thus , the physical possession requirement is much broader than many people might imagine.
Like other offenses classified as felonies, you may be able to receive a pretrial diversion for a brass knuckles charge in North Carolina. This option is available based on your age and prior record level points. To qualify for pretrial diversion, you must be at least 16 years old and not previously convicted of a felony. Prior convictions for non-traffic related misdemeanors do not count in your prior conviction history. In addition, your prior record level points must total "two points or less."
Pretrial diversion is available for felony offenses punishable by up to 5 years or less in prison. A charge under the brass knuckles statute qualifies as a felony punishable by up to 5 years or less in prison. The law does not set forth an eligibility limit for the brass knuckles statute. This means that if you qualify by age and number of prior record level points, you can receive a pretrial diversion no matter how serious the offense itself is (up to 5 years).
In practical terms, if you were eligible for pretrial diversion, you could make an agreement with the State, which would allow you to avoid a conviction and maintain a clean criminal record. Pretrial diversion agreements generally require you to complete a period of supervision with a probation officer, give up your right to counsel during that period, and perform any other tasks that the prosecutor deems appropriate. If you successfully abide by the terms of the pretrial diversion, the charge would be dismissed and you could have it expunged from your record, meaning it would be as though it never existed.
Comparison to Other States
In North Carolina, brass knuckles are not defined as a restricted weapon. Instead they are classified alongside things like "blackjacks," "slungshots," and "hardened steel or iron rods" in N.C. Gen. Stat. § 14-269(b) which reads as follows:
§ 14-269. Going armed places; exceptions.
…
(b) It shall be unlawful for any person or persons to carry, openly or concealed about his or their person or persons, except in his or their own dwelling houses or within curtilage thereof and when traveling: (1) Any dirk, bowie knife, switchblade knife, stiletto, unballasted strung or unstrung, bow, crossbow or any other type of weapon carried on the person primarily as a weapon, or in such a manner that raises the presumption that it is carried for the purpose of intimidating or causing bodily harm to another person; or (2) Any pistol, gun, dynamite cartridge, shotgun, bomb, grenade, or any other explosive device or incendiary device; or (3) Any loaded cane or walking stick, or any disc, such as a throwing star or oriental dart, or nunchaku, or any stun-gun or taser, or any machete; or (4) Any compact knife, or any pistol or knife-like object or any num-chah-ka; or (5) Any taser gun, dagger, sword cane, electrical weapon or device, or any tear gas gun, commercial pepper gas, or any other common liquid or power tear gas, or any gun, barrel, muffler or silencer.
A violation of this provision is a Class 2 misdemeanor charge, but becomes a Class H felony if a person is found to have a concealed handgun permit when arrested. N.C. Gen. Stat. § 14-269(b).
States vary significantly in how they treat the possession (and list of items treated similarly as prohibited weapons) of brass knuckles. In New York, brass knuckles are illegal, and their possession is a Class E felony for a first offense and a Class D felony for a second offense. The state outlines brass knuckles in its penal code as this:
"[S]electively detachable knuckle duster pistols," otherwise known as "brass or metal knuckles," are illegal in Maine. Penalty for possession of brass knuckles is a $200 fine and/or one year of incarceration. In addition to prohibition in Maine, the "5 Stages of Maine Possession Charges" in the blog section of our website describes a problem related to possession of a firearm near a correctional facility. This section indicates that a "local ordinance prohibits possession of brass knuckles or blackjacks, as well as other weapons."
The Commonwealth of Pennsylvania includes brass knuckles in its list of prohibited weapons outlined in 18 Pa.C.S.A. § 909(1) which "Includes, but is not limited to, … any … metal knuckles."
In another highly-specific law, the State of Florida has officially classified "metal knuckles" as a more specific type of "hand weapon" regulated by their concealed carry licensing law in Fla. Stat. § 775.13(4)(a). According to their organization of weapons prohibited for open or concealed carry, these items include "any … metal knuckles, … blackjack and … any …darts." Fla. Stat. § 790.01.
Practical Tips for North Carolina Residents
Practical advice for NC residents considering brass knuckles or other weapons for self-defense:
If you own brass knuckles in North Carolina, you may want to secure a storage box or safe that is between you and a potential intruder. It is important to keep these types of weapons out of children’s reach, as it is illegal for minors to possess any type of gun or weapon in North Carolina without parental consent. In addition to keeping weapons away from children, North Carolina property owners should clearly state in their wills that family members do not receive ownership of such weapons. Gun owners should notify the executor of their estate if there are any hidden firearms on the property so that they can be disposed of properly and legally. North Carolinians who are unsure if they legally own brass knuckles should contact a criminal defense attorney to find out if the law has changed since they acquired them. If you have already been charged with a crime involving brass knuckles , an experienced criminal defense attorney may be able to help you with your case.
As an alternative to owning brass knuckles, there are many other weapons that can be possessed legally in North Carolina. Some of these include an expandable baton, cane sword, black jack, bow, crossbow, blowgun, a knife with a blade over three inches, and most types of firearms. Any weapon owned legally in North Carolina must be kept and stored in a safe manner to avoid trouble with the law.