Criminal Defense Lawyers

Brass Knuckle Blades

Brass Knuckles and Blade Laws – A Complex Legal Landscape

Brass knuckles and blades seem to go hand-in-hand when it comes to weapons charges. Many states have specific laws prohibiting the possession, sale, manufacture, and sometimes even the advertisement of these weapons. But the legal landscape is complex. What’s legal in one state may be a felony in another.

Brass Knuckle Laws

Let’s start with brass knuckles. These metal finger rings can turn a punch into a dangerous weapon. According to FindLaw, most states outright ban brass knuckles or similar weapons like metal knouts. But laws vary widely on exactly what’s prohibited and the associated penalties.For example, simple possession of brass knuckles is a misdemeanor in some states and a felony in others. In Texas, it’s a Class A misdemeanor, punishable by up to a year in jail. But across the border in Louisiana, it’s a felony with up to 5 years imprisonment.Some states like Wisconsin have enhanced penalties if brass knuckles are used in a crime. And certain more restrictive locales like New York City prohibit their sale or manufacture entirely.The federal government also prohibits brass knuckles on federal property under the U.S. Code.So brass knuckle laws are clearly complex and location-dependent. Simply possessing, buying, or selling these weapons can be illegal depending on the jurisdiction. And using them to commit a crime makes the situation far more serious.

Switchblade and Gravity Knife Laws

Switchblades and gravity knives follow similar patterns. These quick-opening knives allow wielders to rapidly deploy the blade with the flick of a wrist or press of a button. And they tend to raise legal concerns similar to brass knuckles.According to CriminalDefenseLawyer, switchblade laws usually depend on one of three structures:

1. Complete bans – Some states like California ban all switchblades, including mere possession.
2. Enhanced penalties – Other states allow possession but treat switchblades as illegal weapons if used to commit a crime. For example, Michigan follows this model.
3. No restrictions – A minority of states like Texas place no restrictions on switchblades at all.

Like brass knuckles, federal law also prohibits switchblades on federal property, with some exceptions.So switchblade laws also vary quite a bit depending on the state and city. Mere possession can be legal or not. And using one to commit a crime generally makes the situation far more serious. Both brass knuckles and switchblades seem to raise similar legal issues.

Double-Edged Blade Laws

The legal landscape shifts a bit when it comes to double-edged blades. These knives have cutting edges on both sides of the blade rather than just one. And some examples like daggers and stilettos are primarily designed for stabbing rather than utility use.According to Knife Up, double-edged knife laws tend to take one of several forms:

• No restrictions – Many states like Arizona place no special restrictions on double-edged blades. Their legality depends on things like blade length rather than style or design.
• Enhanced penalties – Some states treat double-edged blades as per se deadly weapons if used in a crime. For example, Florida’s laws work this way. Mere possession is legal, but using one criminally carries stiffer penalties.
• Possession banned – A minority of states like Indiana prohibit possession of some double-edged knives like daggers entirely. For these weapons, possession itself can be illegal regardless of criminal intent.

So double-edged blade laws focus more on use and design compared to quick-open knives. With few exceptions, possession itself if often legal, while use in a crime can trigger enhanced penalties depending on the state.

Definitions – What Qualifies as an Illegal Weapon?

Given the complex legal landscape surrounding brass knuckles, switchblades, and double-edged blades, definitions become extremely important. Prohibited weapons charges often hinge on whether an item qualifies under the legal definition.For example, many states define brass knuckles quite broadly:

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“Metal knuckles or any similar device made from any other substance which could be put to the same use and with the same or similar effect as metal knuckles” – Texas Penal Code 46.05

So “similar devices” beyond literal brass knuckles can fall under prohibition statutes. And other states follow this pattern. According to FindLaw, common prohibited items can include:

• Metal rings
• Metal knuckles
• Knuckledusters
• Any weapon used for enhanced punching

On knives, definitions also become extremely important. What exactly is a gravity knife, switchblade, or double-edged blade under the law? State statutes tend to define these weapons explicitly. For example, under New York law:

“Switchblade knife” means any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife.

A “gravity knife” means any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force…

A “dagger” means any double-edged blade one of which is five inches or over in length which is designed primarily as a weapon.

So definitions matter greatly. An illegal weapon charge may stand or fall based on whether the specific item qualifies under the language of the statute. And many prohibited weapons laws cast a wide net with phrases like “or similar device”.

Exceptions – When Are These Weapons Legal?

Like any law, prohibited weapons statutes often contain exceptions. Certain people can legally possess brass knuckles, switchblades, or double-edged knives under the right circumstances.Common exceptions include military personnel, law enforcement officers, and people who use prohibited items as tools in certain trades. For example, under Arizona law:

This section does not apply to a weapon or knife that is possessed for the purposes of preparing, performing, rehearsing or recording a recognized theatrical performance, sporting event, athletic activity or motion picture.

Other states like Texas also exempt tools used in trades:

It is a defense to prosecution under this section that the actor’s conduct…consisted wholly of lawful sporting activities or collections or exhibitions of weapons or devices having historical or artistic significance.

So prohibited weapons laws often have carve-outs for things like theater productions, sports equipment, and tools of the trade. These exceptions can provide legal defenses in certain scenarios. But outside these narrow exemptions, brass knuckles, switchblades, and double-edged knives remain illegal in most jurisdictions.

Defenses – What Can You Do If Charged?

Fighting a prohibited weapons charge revolves around attacking the prosecution’s case. Typical defenses include:

• You didn’t commit the crime – If evidence shows you never actually possessed the item, you can challenge the charge directly. Eyewitnesses, alibis, and other proof of innocence may defeat the case.
• The item doesn’t meet the definition – As mentioned, legal definitions become extremely important for weapons charges. If you can show the item in question doesn’t actually qualify under the statute, you may escape liability. Carefully scrutinizing measurements, mechanics, design, and other factors can reveal flaws in the prosecution’s theory of the case.
• An exception applies – If you used the prohibited item as a prop, tool, etc., exceptions provide possible defenses. Raising reasonable doubt over the applicability of a carve-out can defeat charges.
• Unconstitutional vagueness – In rare cases, courts have overturned prohibited weapons laws using void for vagueness arguments. If the definition or coverage fails to provide adequate notice about what’s illegal, due process principles may render the statute unenforceable. But weapons laws are rarely vague enough to trigger this doctrine.

In reality, those charged often try to plea bargain down to lower offenses. Proving outright innocence can be difficult when the law clearly prohibits possession. The evidence usually comes down to what was or wasn’t physically present.

Penalties – What Happens If Convicted?

Penalties for prohibited weapons charges cover a wide spectrum depending on the item, jurisdiction, and circumstances. Like the law itself, punishments vary extensively between states.For simple possession, brass knuckles, switchblades, and double-edged blades may trigger fines, probation, or months in jail. Felony convictions can mean years in prison. And using these weapons to commit other crimes piles on additional charges and prison time.Consider a few examples across different states:

• Texas – Carrying a prohibited weapon in Texas is a Class A misdemeanor. Punishments can include:
  • Up to 1 year in jail
  • Fines up to $4,000
  • Probation
• Indiana – Possessing a switchblade knife in Indiana is a Class B misdemeanor. Convictions can carry:
  • Up to 180 days in jail
  • Fines up to $1,000
• Florida – Carrying a concealed weapon during commission of a crime bumps penalties up to a first-degree felony in Florida. This can mean:
  • Up to 30 years in prison
  • $10,000 fine

So like the law itself, penalties cover an enormous range depending on the exact circumstances. Mere possession may lead to probation or months behind bars while using brass knuckles, switchblades, or double-edged knives to commit felonies can mean decades in prison.

The Bottom Line

When it comes to brass knuckles, switchblades, and other prohibited weapons, the law is far from straightforward. Regulations vary extensively between states and circumstances. And punishments span the spectrum from fines to felony prison time.If you face charges for one of these weapons, scrutinize the specific language of statutes in your jurisdiction. The precise definitions and exceptions will shape the legal landscape. And don’t forget to explore possible defenses with an experienced criminal defense attorney.