Brass knuckles are illegal in California. Under Penal Code 21810, owning, buying, selling, lending, giving away, or bringing them into the state is a crime that prosecutors can file as either a misdemeanor or a felony, with penalties running from a county jail term up to a three-year sentence.1California Legislative Information. California Penal Code 21810 – Metal Knuckles There is no permit, no collector’s exception for private individuals, and no safe way to keep a set at home.
What Counts as Brass Knuckles Under California Law
The statute uses the term “metal knuckles,” and Penal Code 16920 defines them as any device made wholly or partially of metal that is worn on or over the hand and either protects the wearer’s hand during a punch or increases the force delivered to the person struck.2California Legislative Information. California Penal Code 16920 – Metal Knuckles Brass is one material. So is steel, aluminum, or any composite piece that contains metal components. A plastic grip bonded to a metal striking surface still qualifies because the device is partially metal.
The material line matters. An item with zero metal content, such as a rubber novelty set or a plastic costume prop, falls outside the statutory definition.2California Legislative Information. California Penal Code 16920 – Metal Knuckles That said, using any hard object to strike another person can still support an assault charge independent of this statute.
Penalties for Possession
Penal Code 21810 is what California calls a wobbler. The prosecutor decides whether to file it as a misdemeanor or a felony based on the circumstances of the arrest and the defendant’s record.1California Legislative Information. California Penal Code 21810 – Metal Knuckles A first offender caught with a set in a backpack typically sees a misdemeanor. A defendant with prior convictions, or someone carrying knuckles during another offense, is more likely to face a felony filing.
Misdemeanor
A misdemeanor conviction carries up to one year in county jail, a fine of up to $1,000, or both.1California Legislative Information. California Penal Code 21810 – Metal Knuckles3California Legislative Information. California Penal Code 19 – Misdemeanor Punishment First-time offenders without aggravating facts often receive probation instead of jail, sometimes with community service or a weapons-awareness program attached.
Felony
A felony conviction is punishable under Penal Code 1170(h) by 16 months, two years, or three years. Under California’s realignment framework, that sentence is generally served in county jail rather than state prison, unless the defendant has a prior serious or violent felony, is a registered sex offender, or falls into another category the statute carves out.4California Legislative Information. California Penal Code 1170 – Determinate Sentencing The record also follows you. A felony conviction surfaces on background checks for employment, housing, and professional licensing.
A felony conviction also strips your right to own or possess firearms under California law. Because 21810 is a wobbler, a defendant who completes probation can petition the court to reduce the offense to a misdemeanor, which restores firearm rights.
If You Actually Use Them
Possession is one offense. Striking someone with brass knuckles is another. Metal knuckles can qualify as a deadly weapon, which means hitting someone with them can support an assault with a deadly weapon charge under Penal Code 245(a)(1), punishable by up to four years in state prison.
The possession charge does not fold into the assault charge. Prosecutors can and do file both, so a single incident can produce a felony assault count and a separate weapons-possession count, each carrying its own sentence.
Who Is Exempt
Penal Code 21810 contains a narrow set of exemptions, and they do not include private individuals. The statute allows law enforcement agencies and on-duty peace officers to possess metal knuckles for official use.1California Legislative Information. California Penal Code 21810 – Metal Knuckles Public museums and historical societies may possess them if the items are properly secured. Authorized participants in film, television, and video productions may possess them during the production. Forensic lab personnel may possess them within the scope of their work.
Private collectors are not on that list. A common misreading of the law assumes you can keep a set at home as a display piece or a historical artifact. You cannot. Inheriting a set, buying one online from an out-of-state seller, or holding one as a conversation piece is still possession, and still charged under 21810.
Travel creates the same trap. The TSA allows metal knuckles in checked baggage but notes that they are illegal in some states.5Transportation Security Administration. What Can I Bring? Flying into California with a set in your checked bag puts you in possession of a prohibited weapon the moment you collect your luggage. Not knowing the law is not a defense, and arrests happen on these facts.
Defenses That Can Work
Lack of knowledge is the most common defense. If knuckles turn up in a shared car, a borrowed bag, or a roommate’s closet, the prosecution has to show you knew the item was there and had control over it. This comes up often in traffic stops where the item belonged to a passenger or a previous occupant.
Challenging the item itself is another route. If the object contains no metal, it does not meet the definition in Penal Code 16920.2California Legislative Information. California Penal Code 16920 – Metal Knuckles Decorative belt buckles shaped like knuckles, plastic novelty items, and rubber versions have all been fought on this ground. The material composition and whether the device can function as described in the statute are what matter.
Momentary possession can also apply. If you picked up someone else’s knuckles to move them, dispose of them, or stop someone from using them, and you had no intent to keep or use them yourself, the context can defeat the possession element. How long you held the item and what you were doing with it when it was found both weigh into that analysis.