Louisiana’s Current Brass Knuckle Laws
Brass knuckles are classified as dangerous weapons and their use is restricted by many states in the U.S. Like other weapons, each state has different laws and regulations for the use of brass knuckles. Many state laws call for strict penalties. In Louisiana, Prohibited weapons are found under La. R.S. 14:95 saying, in part: A. Prohibition of possession. It is unlawful to intentionally possess any of the following: (1) Any dirk, bowie knife, butcher knife, machete, hand instrument customarily used or designed for the purpose of inflicting serious or fatal bodily injury and which is capable of use in the ordinary and customary manner to cause such injury. … (3) Any slingshot or any similar type of weapon, including any "peanut" or "king size" nunchaku. … (6) "Brass knuckles", also known as a "knucks" or "copper knuckles" or "metal knuckles", which are finger rings fitted with cutting edges or sharp points, or other objects, or any combination of the foregoing, designed for the purpose of inflicting injury upon the user’s opponent in hand-to-hand combat. La. R.S. 14:95 also provides for some exceptions to its prohibition of brass knuckles, including for those who intended a certain act occurring before the law was enacted. For example, for those "who possessed such weapon prior to the effective date of this Chapter and for whom possession of such a weapon was not unlawful . " And under subsection G(2) where, "Nothing in this Section shall prohibit the carry, manufacture, importation into this state or distribution (but not the sale at retail) by public service corporations…," of brass knuckles "for the purpose of an authorized use [in certain listed occupations]." Cop v. State, 557 So. 2d 1136, 1138 (La. App. 1st Cir. 1990). However, a citizen can arguably claim these exceptions if their brass knuckles was acquired for self-defense or for the defense of others, using an accepted definition of self-defense, which in Louisiana is provided under La. R.S. 14:20. General laws regulating any weapon can also have non-compliance penalties that include a fine or imprisonment, or both. For example, for an "illegal possession" of "a dangerous weapon…exposed to the public view", one would face a fine of not more than $500 or imprisonment, with or without hard labor, for not more than five years, or both. See La. R.S. 14:95. The penalty for carrying a concealed weapon illegally is set at a fine of not more than $500 or imprisonment for one year, or both. La. R.S. 14:95(B). In Louisiana, if a minor or one under the age of seventeen "acquires, possesses or carries any dirk, bowie knife, pistol, or other dangerous weapon; or carries any firearm, shotgun or rifle…with French-sounding name…", they can face a fine not exceeding $500. La. R.S. 14:94.
Penalty for Brass Knuckles
Possession of brass knuckles is considered in Louisiana to be unlawful. The penalties for this offense may be either adjudicated separately or run co-currently with other offenses depending on the circumstances involved. For example, possession can be a violation of La. R.S. 14:95(D), or possibly a violation of La. R.S. 14:95.1 (Illegal Use of Weapons or Dangerous Instrumentalities) but with the possession of brass knuckles, the defendant may be subject to both charges and sentenced separately or to a longer sentence if both charges are pursued by the prosecution.
The offense of possession of brass knuckles does not require that the brass knuckles be concealed, lengthening the reach of the law to persons who may not have intended to possess brass knuckles as a weapon. Individuals found possessing brass knuckles may face a penal sanction of up to 6 months in jail and/or a $1,000 fine. A separate count of illegal use of dangerous weapons can also be charged. This offense is more serious, and may be charged if a person is alleged to have possessed the brass knuckles while in the commission of any crime of violence. These crimes include battery, simple battery, aggravated battery, aggravated assault, domestic abuse battery, stalking, and many others. This act carries with it a penalty of 2 to 10 years in prison. Additionally, additional enhancements can be sought by the prosecutor if the weapon possessed is determined to be a weapon with a fully loaded magazine.
If you have been arrested for possession of brass knuckles or any other potential weapons charges, you should not speak with the police without your attorney present and should begin looking in to getting an attorney immediately.
Brass Knuckles Exceptions and Defenses
As previously mentioned, Louisiana law does not make provision for any particular exceptions. However, just because an item may not fall under a specific exception does not mean that it may not be legal to possess. It is important to understand this concept because when a prosecutor brings charges against someone he or she must prove that the defendants actions are unlawful (this is known as proving the Actus Reus). Because laws in Louisiana prohibit weapon possession, the prosecutor has to show that the possession is unlawful in order for his or her case to prevail. This can prove to be a tall task and usually relies heavily on the credibility and experience of the arresting officer. This is especially true in gun cases. In the case of brass knuckles, there are situations when these types of weapons are also illegal. One such situation is when an individual uses the weapon while committing definite acts of violence. In this case, a prosecutor might seek to charge a person with aggravated assault.
Other criminal defense strategies may apply to a brass knuckles case in Louisiana. One of the most common examples is self-defense. If a person uses the weapon for self-defense, then (s)he will be able to find refuge in the Louisiana law. This involves demonstrating, without the benefit of the doubt, that the defendant did not have any other option at the time other than to use force and that force was proportional to the threat or harm he or she was facing. As long as the act of self-defense was not a preemptive action and there were not other legal avenues to consider, a defendant has a solid legal defense. It is important to note that the legality of the use of force may be challenged by prior or current actions of the defendant.
Another area of the law that may apply is the possession of brass knuckles for collection or decoration purposes. Brass knuckles are considered to be collectible items and may be helpful in an assortment of different circumstances. The issue is when it is used. Brass knuckles may not be used offensively or defensively and as long as this condition is met, it is legal for a person to carry and possess them as long as it is not in a school or another restricted area. Even if the intent was to sell, which is an offensive and illegal purpose, but the possession was not in question, a defendant may still be able to derive relief in these situations.
How Louisiana Law Differs from Other States
There is considerable variation on the restriction or banning of brass knuckles elsewhere in the country. While a number of states prohibit brass knuckles, like Louisiana, others allow for specific exceptions. For instance, West Virginia law prohibits brass knuckles and defines brass knuckles to include "any substance that can be worn on the hand to inflict injury to the flesh or bone of a person." Va. Code § 61-2-1 (2013). However, West Virginia allows brass knuckles that are designed to be used specifically for self-defense. W. Va. Code § 61-2-1a(2) (2013). The state of Alaska also allows for brass knuckles as self-defense weapons. ALA. STAT. § 11.61.200(b)(7) (2011). Other states, like Mississippi, prohibit brass knuckles, but allow for exceptions based on restricted use. Miss. CODE. ANN. § 97-37-1 (2013). So long as the brass knuckles are used solely for entertainment or amusement purposes and not for the purpose of injury or intimidation, they may be purchased, handled, and used in Mississippi. Id. Some states restrict brass knuckles by classification. For example, Michigan restricts brash knuckles to those designed for "self-defense, weaponry, or combat." MICH. COMP. LAWS. § 750.227(4)(a)(ii) (2014). However , the state of Washington actually classifies brass knuckles as a type of gravity knife or sword cane, and prohibits those classes of weapons given certain conditions. WASH. REV. CODE § 9.41.250(2)(g) (2014). Texas law makes brass knuckles part of a general definition of a club and identifies various uses for such weapons. TEX. PENAL CODE § 46.01(8) (2013). Under the Texas penal code, clubs are used primarily to "fight another," but may have other uses such as "throwing," "damage to property," and "causing bodily injury to another." Id. Perhaps the most pertinent comparison can be drawn between the ever popular Swiss Army knuckle knife and brass knuckles. North Carolina, under its definition of a dangerous knife, prohibits any "knife having one or more blades which fold into the handle" with "brass knuckles in the handle." N.C. Gen Stat § 14-269(a) (2014). Furthermore, North Carolina prohibits switchblade knives, which have a blade that automatically opens by means of a spring-controlled mechanism. N.C. Gen Stat § 14-269.2 (2014). Brass knuckles are not auto-openers and under current Louisiana law, are not intended to be disguised as a tool or other device.
History of Brass Knuckle Laws
Although the use of brass knuckles can be traced back several centuries, their history as a regulated item in the state of Louisiana is quite recent. With the rise of organized crime in the late 19th and early 20th centuries, brass knuckles began to be associated with gang violence and criminal activity. Grave concerns regarding this association led to a patchwork of local laws across the state, as individual parishes attempted to curtail the manufacture and sale of brass knuckles within their borders.
The earliest recorded legislation regarding brass knuckles was enacted by the City of New Orleans in 1858. This provided for penalties for anyone who, "Anatomizes, fashions or makes … any instrument or weapon for the purpose of perpetrating a crime [including,] pitfalls, bowie knives, guns, sword cane, brass knuckles, daggers, dirks, Mexican machetes, stilettos."
Of particular note are the absence of repeal and the introduction of other sections in the Revised Statutes. In any event, the penalties for any person guilty of forming, shaping, or constructing any type of instrument or weapon for the purpose of committing a crime, including brass knuckles, were "[being] fined in a sum not less than one hundred dollars, nor more than five hundred dollars, or imprisoned, at hard labor, for not more than ten years."
In 1950, the laws regarding brass knuckles were consolidated as part of the Revised Statutes. Part of the R.S. is currently contained in the Penal Code, specifically as Louisiana Revised Statute 14:95. In 2010, the language regarding brass knuckles was consolidated further still as part of the general statutes with the removal of the anachronistic references to "heavy stocks" and "bowie knives" for a more general ban on knives having a blade longer than five inches.
Public Safety and the Impact of Brass Knuckles
The perception of brass knuckles and other metal knuckles as a threat to public safety has led some to call for stricter regulations regarding their use and possession. There is an ongoing debate among law enforcement, policy-makers, and the community about how best to regulate items that can be wielded for harm. Some argue that brass knuckles are primarily offensive weapons and as such should be more heavily restricted, while others contend that these items have legitimate uses and features that make them more appropriate for self-defense.
Law enforcement criticism has been particularly directed at how easy it is to obtain brass knuckles , often equating simply possessing such a weapon with an intent to harm or kill. Police and communities have criticized the fact that brass knuckles can be purchased in person or online with little more than a few clicks and therefore pose a serious risk to the public.
In the absence of uniform regulations, some local jurisdictions have taken it upon themselves to introduce their own intricately detailed laws surrounding brass knuckles. Such laws are intended to add prohibitions on the possession and use of brass knuckles and similar items, as well as penalties that reflect the level of concern of local authorities.