Legality of Brass Knuckles in North Carolina Explained

What Are Brass Knuckles

Brass knuckles are weapons made of a handle that fits around the fingers and extends across the second knuckles. The most common metals used are brass or steel, but they may also be made from plastic, aluminum, or other materials. The shape of the weapon varies from simple to elaborate designs. Civilian versions of the hand-held weapon typically feature four metal loops, but in modern designs, the weapon may have only three finger holes. Another feature of modern designs is the incorporation of protective knuckle pads. The addition of the protective pad decreases the amount of damage to the attacker’s knuckles.
The weapon was first used in the Middle Ages. It evolved into various forms in different cultures including those in Europe, Asia, parts of Africa, and North America. Originating in Scotland, the weapon became popular in the mid-1800s in the United States. Today, brass knuckles are sometimes made with metals other than brass and are often sold as novelties.
They are commonly held in the palm of the hand, although they may also be worn on a belt, pencil holder, suspender clip, coat pocket, or handbag. When held in the palm, the weapon creates a short-range striking surface between the top two knuckles of the fist and the knuckles of the forefinger , middle finger, and ring finger. This design compensates for the lack of stability offered by weapons like the sword and increases the damage during hand-to-hand combat. Some experts believe that the design was intended to increase the damage caused by a punch or to inflict permanent damage, such as fractures or embedded metal, on the skull of the victim.
Brass knuckles are easy to hide and increasingly popular for use in hand-to-hand combat. Some individuals prefer the comfort of a knife or pistol, but others find such self-defense options difficult to conceal. However, brass knuckles may also be used in a threatening manner or combined with an impact weapon, such as a belt or chain. While there may be legitimate reasons for the use of brass knuckles, such as for self-defense purposes, the weapon also has inherent social problems. In one study, it was revealed that 33 percent of respondents agreed that possession of brass knuckles in public should be allowed in some circumstances. However, the respondents were more likely to be in favor of allowing such weapons if this was the only means of protection for a given situation. For example, when faced with a mugging or rape, 89 percent of respondents said that individuals should be permitted to carry brass knuckles.

Brass Knuckles and North Carolina Law

In North Carolina, brass knuckles are expressly defined as the weapon of a "box" or "brass" type that is "often used in self defense as a last resort." The law on the books regarding brass knuckles states: "It shall be unlawful for any person to sell, offer to sell, or possess with intent to sell or to carry about his person any of the weapons hereinafter enumerated: "(i) Any dirk, bowie knife, switchblade knife, stiletto knife, scimitar, or any weapon of like kind having a blade of any length, and any of the foregoing weapons having a double-edged blade, any concealed sword cane, or any metal knuckles." N.C. Gen. Stat. § 14-269.
Under the statute above, you can see that North Carolina’s specific law that mentions "metal knuckles," it expressly includes that of "brass" knuckles. In fact, the law goes on to further criminalize certain acts involving brass knuckles: "(q) Any person who shall carry a concealed weapon in any state-owned building or property, or in any building or structure set forth in G.S. 14-415.11(a) as an area into which the public is invited or permitted to go, or in any building the entry to which is controlled by a security guard or an employee of the State or of a political subdivision of the State shall be guilty of a Class 1 misdemeanor." N.C. Gen. Stat. § 14-269.3.
Carrying a concealed brass knuckles is a Class 1 misdemeanor in North Carolina. On a felony level, if an individual either possesses, sells or delivers brass knuckles, then that individual is committing a Class H felony. However, if that brass knuckles were clandestinely manufactured, possessed or sold, then that act becomes a Class G felony. "(b) It shall be unlawful for any person to manufacture, sell, offer to sell, purchase, or possess with intent to sell or distribute any shuriken, ninja star, or any similar type of other device commonly known as a disc, plate, or any other name, composed of metal, plastic, or any other hard material, the blades or points of which may be projected outwardly from the circular center, and the primary function of which is that of a throwing weapon designed to inflict serious injury on any person, animal, or property, and any device resembling said types or performing the functions of said types. Violation of this subsection shall be as follows: (1) Possession. – Unless made for purposes of self-defense, violation of this subsection with respect to a device resembling a throwing star shall be a Class F felony, and with respect to other types of devices shall be a Class G felony. (2) Sale or transfer. – Violation of this subsection with respect to a device resembling a throwing star shall be a Class F felony, and with respect to other types of devices shall be a Class G felony. (3) Manufacture. – Violation of this subsection with respect to a device resembling a throwing star shall be a Class E felony, and with respect to other types of devices shall be a Class F felony. (c) Notwithstanding the provisions of subsection (a) of this section, it shall be a Class 1 misdemeanor to manufacture and sell in this State a throwing star in compliance with the following design limitations: (1) A blade having no more than four extended points, sickles or hooks, but not including in the points, sickles or hooks a metal band approximating 1/8 inch in thickness with a 1 to 3 inch inside diameter to make the star less suitable for concealing upon one’s person. (2) A blade having no more than four extended points, sickles or hooks in excess of four but no more than eight total points, sickles or hooks and possessing a metal band approximating 1/8 inch in thickness with a 1 to 3 inch inside diameter to make the star less suitable for concealing upon one’s person. (d) Any violation of this section shall be prosecuted under G.S. 14-3.1." N.C. Gen. Stat. § 14-269.4.

Possessing Brass Knuckles

If you are facing criminal charges for the possession of brass knuckles or similar weapons, it is important to note that it is a Class 2 misdemeanor in North Carolina. This means that these charges may result in up to 60 days in jail and fines of up to $1,000 if you are convicted. However, brass knuckles are not the only types of weapons that can result in serious charges. For example, if you are caught with a sword cane, sword-in-cane, belt buckle knife, or belt buckle razor you will be charged with a Class I felony in North Carolina. A Class I felony in North Carolina typically results in a $200 fine, but also comes with a presumed sentence ranging from three to six months in prison. Furthermore, certain crimes involving brass knuckles can also result in felony charges. This is because brass knuckles are considered deadly weapons in North Carolina that can be used for assault or attack. For instance, if you are charged with possession of a firearm or deadly weapon by a convicted felon, you could be sentenced to a minimum of one year in prison.

Exceptions to This Law and Legal Defenses

Imports of brass knuckles are barred under federal law as are brass knuckles designed for concealed carry. Such a concealable weapon is not the same as a mini-knuckles "self-defense" keychain or your "knuckle duster" beer cooler. Nevertheless, the State of North Carolina has a broad ban on brass knuckles of any type and criminal possession and use of brass knuckles in Chapter 14. However there may be legal defenses or exceptions that apply to your case.
Civilians, except for active, reserve, and retired military officers are generally prohibited from possessing "any deadly weapon of any kind including, but not limited to, any dirk, dagger, sling shot, loaded cane, chuck a stone, pistol, or any kind of bowie knife." N.C. Gen. Stat. § 14-269(a). "Dirks, daggers, slingshots, loaded canes, and "tooling knives" have been held to be within the general ban against "dirks or daggers." State v. Williams, 270 N.C. 700, 155 S.E.2d 797 (1967). Nevertheless, there is no statutory definition of "dirk," nor "dagger" such that this statute is so vague so as to render it unconstitutional. See State v. Peterson, 312 N.C. 109, 321 S.E.2d 847 (1984).
Possession of a "Blackjack," (a type of brass knuckles), anywhere in the State of North Carolina is prohibited. N.C. Gen. Stat. § 14-270. However, there are exceptions to the ban on brass knuckles.
First, the ban on brass knuckles does not apply to "officers of the United States or of this State, or to sheriffs, constables, or other officers of any county or city, or to any members of the militia while in performance of their official duties." Officers of the United States means officers under color of authority of the United States and the State of North Carolina exempted by law enforcement officers in the State of North Carolina including deputies and Highway Patrol officers, prison guards etc. See State v. Bolin, 56 N.C.App. 226 (1982).
Second, the general ban on brass knuckles and the specific ban on Blackjacks do not apply to an "occupied dwelling, residence, or vehicle; or by any person who is otherwise legally in the dwelling, residence, or vehicle or was traveling from the dwelling, residence, or vehicle to his residence or place of business." N.C. Gen. Stat. § 14-269.
Third, the ban on brass knuckles and the ban on Blackjacks do not apply when a person uses such weaponry in "a . . . reasonable manner and to the extent it is necessary to defend himself or another against an imminent threat of unlawful serious bodily injury." N.C. Gen. Stat. §§ 14-269(o), 14-270(l).
Fourth, note that the ban on brass knuckles and the ban on Blackjacks/concealed "violence projectiles" do not apply when the weapon is carried "openly for purposes of self-defense." N.C. Gen. Stat. §§ 14-269(o), 14-270(l). Note that restrictions on "open carry" do not apply if you are a law enforcement officer because law enforcement officers are not subject to the open carry ban. Such that if you are properly licensed to carry a firearm in North Carolina, it is generally lawful for you to carry a firearm in those areas where firearms are otherwise restricted because you are exempted as a law enforcement officer.
Any questions about penalties and ban on brass knuckles or the ban on Blackjacks and violations of the related N.C. Statutes contact our office in Greensboro, Wake Forest or in Raleigh directly. Call or email today – (919) 615-2473.

Brass Knuckles in Other States

A comparative approach to the understanding of brass knuckles in law can be found in other states. For those who are interested, it is useful to briefly examine the laws in adjacent or similar states. The most local example is Tennessee, which does not specifically regulate brass knuckles. In fact, in Tennessee any object that is misused can be considered a dangerous weapon in that state. However, some state representatives have sponsored anti-brass knuckles legislation in the past, but such efforts have so far failed. It is worth noting that no specific offense related to brass knuckles exists and the plain meaning of the law does not appear to prohibit them.
With respect to Virginia, the law is somewhat less defined. Like Tennessee, they do not specifically list brass knuckles among their prohibited items. That said, the distribution of pistol grips constituted as brass knuckles is a class 1 misdemeanor in Virginia. A class 1 misdemeanor in Virginia carries a penalty of up to 12 months in prison, and/or a fine of up to $2500. Essentially, Virginia treats brass knuckles like a pistol grip, but not as the weapon itself. On the other hand, possession for sale is a class 5 felony there. That means that it only takes possession with intent to sell brass knuckles to receive a prison term of up to 10 years, and even more costly fines.
Georgia presents an interesting case, since brass knuckles are specifically prohibited there. While no state has a law that resembles the broad language of the prohibition against swords or daggers , Georgia forbids "brass [or] metal knuckles" in all variations. Their law is unique because it applies only to manufacturing, selling, or exposing such weapons for sale. Georgia distinguishes between the use of brass knuckles and the possession or sale thereof, but it is still illegal.
Ohio is not as restrictive in this regard, as there are no laws prohibiting brass knuckles. It is possible to purchase copper knuckles or brass knuckles over the counter from sporting goods stores in Ohio. However, Ohio has laws related to various forms of knives, swords, and other weapons, typically classifying them as "dangerous ordnance".
In South Carolina, most weapons, including brass knuckles, are prohibited by law. Ga. Code Ann. § 16-23-20 renders it illegal to carry brass knuckles in public beyond one’s place of business or residence (or automobile, but only for transporting). But unless it’s on your person, the law is unclear. Of course, it is generally a good rule of thumb to not travel with brass knuckles in the first place given the law’s broad construction of intent.
Brass knuckles are not as offensive as conventional weapons and yet they still cause serious injury. Because of this fact, many states have criminalized possession of brass knuckles. Prohibitions are generally accompanied by significant penalties like incarceration and fines. Regrettably, so many lives have been seriously injured or ruined by brass knuckles, but the discussions regarding public safety are sometimes overlooked for a long time. It is promising, however, that over the past several years social media advocates have begun to defy brass knuckles.

Brass Knuckles – Next Steps to Remain in the Clear

To ensure compliance with North Carolina law regarding the possession and use of brass knuckles, individuals should follow these steps:

• Be Familiar with the Law: It’s important to understand the current legal interpretation of brass knuckles under North Carolina law. Individuals should review N.C. Gen. Stat. § 14-269(d) which states in relevant part that "It shall be unlawful for any person to manufacture, sell or offer for sale any metal knuckles or other implements for the purpose of inflicting serious injury …" As noted above, this has been interpreted by our judiciary as referring only to metal (as opposed to plastic or other materials).
• Choose a Legal Design: Currently, there are no restrictions on the construction material of "brass knuckles." Idiom is the leader in the design and manufacture of brass knuckles and manufacturers and sells legal brass knuckles made from Polyamide 6 (PA6), a high-performance polymer that complies with state requirements.
• Consider Legal Self-Defense Tools: For those seeking legal protection and defense options, consider a self-defense keychain or a tactical pen. Both tools can be useful for self-defense while adhering to the requirements of the law.

How to Stay on Top of Law Changes

While the laws surrounding brass knuckles are relatively straightforward in the United States, they are still subject to change. Therefore, it is important to stay up to date on legislation regarding brass knuckles. The following methods may help you stay on top of these changes:
Subscribe to legal newsletters: You can sign up for newsletters from legal websites, such as LexisNexis or Thomson Reuters, that summarize recent changes to legislation in your area of expertise. Follow legal bloggers: There are a number of legal blogs that focus on weapons policy or laws regarding the possession of weapons . Subscribe to their posts or follow them on social media to stay up to date. Use Google Alerts: Set up an alert for phrases or terms that apply to your area of expertise. Google will email you any time those terms are used on popular websites or news outlets. Join professional affiliations: By joining professional associations for lawyers, you can connect with other professionals in your area. They are likely to be aware of any important changes to the law. Attend seminars and conferences: Continuing education seminars and conferences are a good opportunity to network with other legal professionals and listen to experts speak about pending changes to the law.