New Constantine Brass Knuckles Available

Are they Legal to own in California?


Violators can end up in prison.
California penal code 12020 (a) states that it is illegal to own, carry, or manufacture brass knuckles. It is also illegal to import, sell, keep for sale, lend or give brass knuckles to another person within California. Those found in violation of penal code 12020 (a) are subject to no more than one year in county jail. Those who are caught selling brass knuckles can face up to three years in California state prison.

Plastic Knuckles

California law states that hard plastic knuckles, also known as composite knuckles, are subject to the same laws as traditional brass knuckles. This bill was signed into California law by Governor Gray Davis in 2002. Hard plastic knuckles are defined as any instrument or device constructed entirely, or partially, of plastic instead of metal for the purpose of defense or offense. California penal code 12020.1 states that it's a misdemeanor to manufacture, import or sell plastic knuckles.
 
To help clear up some of the legality issue..there is no federal law in the United States making knuckles illegal to own. Instead it is decided on by each state. If they are allowed by your state however that does not mean they are legal to carry, to carry them in states where they are legal you often need a concealed weapon permit.

From what I can tell these states they are illegal to own -Arkansas, California, Connecticut, Delaware, Florida, Illinois, Massachusetts, Michigan, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Utah, Vermont and Washington.

Also several states including California, New York, Illinois, Michigan, Rhode Island & Vermont it is illegal to even own plastic knuckles or knuckles out of any hardend material.

Of course check out your own state laws before you do anything, as laws change and my list is in no way official.

In some states such as South Carolina make possession of brass knuckles illegal only if "they are used with the intent to commit a crime."

They are also illegal in the UK, Canada, Australia, Sweden, Switzerland, Austria, Germany, Russia, and the Netherlands.

They are legal in France
 
Yeah, didn't want to stir up controversy. Just thought it was interesting they were finally released again. Since I'm sure lots of members on here live in the states where it is legal, I'm sure they'll want a pair.

If only someone would make the Holy Shotgun! lol
 
Yeah, didn't want to stir up controversy. Just thought it was interesting they were finally released again. Since I'm sure lots of members on here live in the states where it is legal, I'm sure they'll want a pair.

Well if anyone here supports people that rip off other artists then go ahead and get some! :lol They are pretty cheap in both price and quality.

FB
 
actually they can be owned in most states as long as they are a PAPER WEIGHT....If you catch my drift.

No. They do not magically become legal by "calling" them a paper weight. The law does not care. Brass knuckles are brass knuckles period no matter how many times you call them a collectable movie prop, or paper weight.

The only way they "might" be considered allowable is if the fingerholes are filled in solid (and would take a great deal of effort to drill out) making it impossible to "wear" the item on your fingers like brass knuckles. But even this is supposition on my part. It could be that in some States the law is strict enough to prohibit anything remotely resembling brass knuckles.

Also I don't think this thread should be locked/deleted as this is a pretty important subject.


Kevin
 
Tim, sorry that they are ripping off your design and trying to profit from it. At least they could have did a good job in ripping off your work!!!

Otherwise, I support you brother!

Tom

Well if anyone here supports people that rip off other artists then go ahead and get some! :lol They are pretty cheap in both price and quality.

FB
 
Thanks Tom!

I emailed them yesterday just wanting to discuss this but all I got was denials and assurances that their design is completely original! :lol

I like the text on their site that says:

Copyright © 2001-2011 Weapons Universe Corporation™ All rights and trademarks reserved.

Reproduction of ANY material is prohibited. We will prosecute.
:lol

FB
 
If they are illegal to be sold and owned, explain this.

ThinkGeek :: Knuckle Duster Corkscrew

ThinkGeek :: Melee Mug

I don't think anyone has said they are illegal everywhere. It's just that the laws on this item vary so widely by state and even city, you had better know your local laws before you run off and purchase.

At the time I did my resin version, my thinking was "it's resin" not "brass knuckles" so it's okay. But many laws have changed to include plastic, wood, etc.

I was in Arizona at the time, and you can own knuckles, but you can't carry them. If you are caught carrying, it's considered a deadly weapon and a felony. In Phoenix it's against the law to even own any kind of knuckles (unless you are a cop).

Where I live now, you cannot carry, and the owning question has not been fully defined. So why take the chance?
 
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No. They do not magically become legal by "calling" them a paper weight. The law does not care. Brass knuckles are brass knuckles period no matter how many times you call them a collectable movie prop, or paper weight.

The only way they "might" be considered allowable is if the fingerholes are filled in solid (and would take a great deal of effort to drill out) making it impossible to "wear" the item on your fingers like brass knuckles. But even this is supposition on my part. It could be that in some States the law is strict enough to prohibit anything remotely resembling brass knuckles.

Also I don't think this thread should be locked/deleted as this is a pretty important subject.


Kevin

QUOTED FOR TRUTH!!!

Next thing you know drug dealers are going to call cocaine fake snow for their diorama, and marijuana is shrubbery for their model train track, while gun runners call AK-47s pry bars...

If you think calling it something else is going to fool a judge, you are sadly mistaken, it's one of those pretend loopholes that people attempt to exploit but in truth when called out it won't hold water...
 
Also, if you'll note. All of their knuckles have a hole on one side for a belt buckle pin. On the Constantine knucks they only ever show one side. The other side has a small threaded hole for the buckle pin. They don't mention it anywhere on the site but if you watch the first video on the main page you'll hear the guy mention that they all have them.
 
If they are illegal to be sold and owned, explain this.

ThinkGeek :: Knuckle Duster Corkscrew

ThinkGeek :: Melee Mug

Laws vary by location, and just because someone is selling something doesn't make it legal where you live... There are 1001 sites on the internet selling prescription drugs without a prescription, you can easily purchase marijuana seeds online, as well as others drugs and paraphernalia the list could go on and on...

If you live in an area where they are legal, hey go for it, but there are MANY areas where knuckles are outlawed...
 
Below is an excerpt from a California Defense Attorney. If you read the specific law it calls them 'metal' knuckles to include brass, steel, aluminum etc. This section of code also specifically prohibits Nun-chucks (sp) and metal dummy hand grenades. Both of which are sold at every Army Navy surplus store I have been to over the last decade. I have a friend who is a former Beverly Hills PD officer and has a metal hand grenade on his desk with a 'complaint department please take a number' sign on it. Possession is a misdemeanor. Holy knuckles in a display case would be an add on charge to pressure you to make a plea to a greater charge.

Want to know how most people get arrested for illegal gun possession here in Cal? A home fire. Yup. Fire department comes in to save the house and sees guns. Police are notified and they secure the guns. Police ask questions and the hammer falls. Grandpa gives dad a war relic and doesnt fill out paperwork etc. Sorry to get off topic but if the Police were allowed to walk into every home and sniff around they could probably come up with something to charge you with.

If FB says these are recast off of his work, thats good enough for me to steer clear.




"California law on brass knuckles (metal knuckles and composite knuckles) - Orange County Criminal Defense
June 29, 2010
Brass knuckles in California - are they legal? What if they’re not made out of metal?

I’ve been asked by a few people if “brass knuckles” are illegal, even if they’re not made of metal.

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 potential 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 also 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 your record indefinitely if you’re convicted.

Even if something is widely available (i.e. on the internet or at the swap meet) doesn’t change the definition under the law. “Widely available” doesn’t always equate to legal.

Most companies that sell things that are banned in California (such as knives that are illegal here) will put a disclaimer on their website that they can’t be sold in California, etc., but not all do.

Be careful. Keep in mind that an arrest or charges filed isn’t necessarily the end of the story. There can be search issues, Miranda violations or other legal and factual defenses available to you that can only be discovered after a thorough review of the facts.

Orange County Defense Attorney - Joe Dane

(714) 532-3600

info@joedane.com"
 
"If FB says these are recast off of his work, thats good enough for me to steer clear."

That is enough for me too. I was interested at first till FB mentioned they ripped off his design.

Thanks!

Technically they aren't recasts. They got images of them online and traced my artwork and used that to make them. I designed that artwork off of pics I had of a stunt casting. I had to clean it up taking the best parts of both sides and adding some artistic license. That's how I know 100% that it's my floral pattern they used.

If they recast the ones that were made, they would look a lot better! :lol

FB
 
Also, if you'll note. All of their knuckles have a hole on one side for a belt buckle pin. On the Constantine knucks they only ever show one side. The other side has a small threaded hole for the buckle pin. They don't mention it anywhere on the site but if you watch the first video on the main page you'll hear the guy mention that they all have them.

I'm pretty sure they don't have that.
 
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