Legal Question in Criminal Law in California

There used to be a loophole in the law, but it's now closed.

"Brass knuckles" (truly called "metal knuckles" in California law - see Penal Code section 12020) are illegal. It's a felony to possess metal knuckles. The definition is:

any device or

instrument made wholly or partially of metal which is worn for

purposes of offense or defense in or on the hand and which either

protects the wearer's hand while striking a blow or increases the

force of impact from the blow or injury to the individual receiving

the blow. The metal contained in the device may help support the hand

or fist, provide a shield to protect it, or consist of projections

or studs which would contact the individual receiving a blow.

For that section, the device had to be made wholly or partly of metal, but composites materials, such as resins, hard plastics or wood were excluded. Penal Code section 12020 is a "wobbler" - it can be either a felony or a misdemeanor.

But now there's a code section that covers composite knuckles: Penal Code section 12020.1:

Any person in this state who possesses, commercially

manufactures or causes to be commercially manufactured, or who

knowingly imports into the state for commercial sale, keeps for

commercial sale, or offers or exposes for commercial sale, any

composite knuckles or hard wooden knuckles is guilty of a

misdemeanor. As used in this section, "composite knuckles" means any

device or instrument made wholly or partially of composite materials,

other than a medically prescribed prosthetic, that is not a metal

knuckle as defined in paragraph (7) of subdivision (c) of Section

12020, that is worn for purposes of offense or defense in or on the

hand, and that either protects the wearer's hand while striking a

blow or increases the force of impact from the blow or injury to the

individual receiving the blow. As used in this section, "hard wooden

knuckles" means any device or instrument made wholly or partially of

wood or paper products that is not a metal knuckle as defined in

paragraph (7) of subdivision (c) of Section 12020, that is worn for

purposes of offense or defense in or on the hand, and that either

protects the wearer's hand while striking a blow, or increases the

force of impact from the blow or injury to the individual receiving

the blow. The composite materials, wood, or paper products contained

in the device may help support the hand or fist, provide a shield to

protect it, or consist of projections or studs that would contact the

individual receiving a blow.

The good news is that it's a misdemeanor. The bad news is that it's a misdemeanor and a criminal offense that carries potential jail time, probation, fines and will be on his record indefinitely if he's convicted.

"Widely available" doesn't always equate to legal.

Your son needs a good criminal defense attorney. There may be search issues, legal or other defenses that can only be explored in an in-person consultation.

http://www.joedane.com/about

I agree with Mr. Dane. I had not heard of this product before, but I Googled it and found several photos. My first thought was that it was a form of brass knuckles, which are indeed illegal in California. I don't know whether the proper charge is a misdemeanor or a felony, but either way it is a crime to possess one of these things. That he had it for self-defense does not make it legal.

I agree with Mr. Dane and Mr. Hoffman. I add that the fact that something is widely available, does not make it legal.