No exception under Illinois Law for Brass Knuckles
The state of Illinois, like many others across the country, has laws concerning "dangerous weapons." These laws can range in their restrictions based on how the law defines those weapons. According to the Illinois Compiled Statutes (430 ILCS 65/0.01), brass knuckles are considered one of those weapons: "Because of the rapid increase in dangerous weapons associated with criminal activities and the difficulties encountered in locating such weapons in homes, places of business, and other locations where access is gained by unauthorized persons, the General Assembly declares that the sale and purchase of dangerous weapons in the State of Illinois must be regulated in the interest of the welfare of the State’s citizens."
The law goes on to offer a definition of brass knuckles, and its use in the realm of weaponry. Under 720 ILCS 5/24-1, in a participle entitled "Unlawful Use of Weapons," it is laid out that "(4) carries, possesses and/or delivers an automatic weapon … or a Blackjack, Slungshot, Sandclub, Fury, Stiletto or Knife of any kind, commonly known as a razor blade; or … 12 3/4 " or 18 1/2 " billie club or leaded cane; or …Push Knife or "knuckleduster"; or …Shuriken or "Star Dart; or …Nunchaku …."
More specifically, brass knuckles are prohibited under subsection C of that same law, which states that No person may carry or possess, except on his or her land or in his or her own abode or fixed place of business, any double-edged stiletto or dagger, dirk, … switchblade knife, a ballistic knife, taser, stun gun … or razor blade … or any other dangerous knife, including but not limited to a razor , a penknife, a sword cane, a cane sword, a knife concealed in the buckle of a belt or in the buckle of a shoe, a knife concealed in a necklace, a knife concealed in a ring, a knife concealed in a belt buckle, or a hunting knife, sword, dagger or knife or … any weapon or device, commonly known as brass knuckles, metal knuckles or a knuckle ring or a "kung foo" umbrella, commonly known as a "tanto," which is substantially similar in appearance to a knife attached or incorporated within a system of umbrellas, walking canes, ballpoint pens, or other objects, to mask its use as a dangerous weapon …."
Exceptions are made for "meaningless plats," defined as a "plastic or metal cylinder with four pointed ends suitable for being secured to the knuckles of a person’s hand, such that when the person clenches his or her fist, he or she will be able to strike a person with a fist so implanted, which is not intended to be used to inflict harm."
Exceptions are included for minors who are less than 21 years old, who are in the presence or under the immediate supervision of a responsible adult in his or her dwelling, or for self-defense in the case of the use of self-defense sprays secured for personal use.
In the result that the offender is authorized, under the Constitution or laws of this State, to possess firearms within the meaning of the Firearm Owners Identification Card Act, the offense is a Class B misdemeanor. In such cases, police may not seize the weapon without the use of a warrant.
A Class B misdemeanor in Illinois means that the offense is only punishable by up to six months in jail, and up to a $1,500 fine.
What Happens if an Individual is Caught with Brass Knuckles?
If you are arrested for possessing brass knuckles, the consequences may vary based on specific circumstances, such as your criminal history. Under 720 ILCS 5/24-1(a), it is unlawful to carry a "blunt- or sharp-tipped club" except by law enforcement, military personnel, and certain others. Brass knuckles fall under this definition, meaning it is illegal for anyone, with certain exceptions, to possess them. It is important to understand that if you possess a weapon like brass knuckles, the police officer who stops you can assume that you are not authorized to do so. You may be arrested and charged with unlawful possession of a weapon, unless you can prove otherwise.
A charge of unlawful possession of a weapon in Illinois is a Class 4 Felony for first-time offenders. As a result, if you face a criminal conviction, you can expect incarceration at an Illinois state prison for at least one year. The amount of the fine paid for this sort of conviction will also depend on the circumstances of your arrest. If you have a good lawyer, they might be able to reduce your fine to $10,000. While that sound like a lot of money, the process of obtaining a waiver for the fine and having you placed on court supervision could potentially cut the fine significantly. A repeat offender can face more severe punishment. If you have a prior criminal history, you can expect at least 18 months in jail and fines of up to $25,000. If you have multiple weapons on your person or in your vehicle, you will face additional criminal charges as well.
Legal Exemptions and Defenses
The state of Illinois does provide for some limited exceptions to the regulations that apply to brass knuckles. In order to take advantage of these exemptions, you must be fully compliant with the conditions set out under the relevant statutes.
One critical exception involves auctions. If you believe you have an old pair of vintage brass knuckles on your hands, and those old brass knuckles could be worth some money in a collector’s market, you can legally auction them off, despite their possession likely being illegal otherwise. However, you must do so according to the provisions included in the Illinois Compiled Statutes. You can auction off brass knuckles in a sale or auction under strict conditions, which include the following: In essence, if you plan to auction off brass knuckles, no matter how long you’ve owned them, it is critical that you do so in accordance with the relevant legal provisions for auctions in Illinois, or else you could be subject to legal action yourself. Another, even narrower exception relates to brass knuckles used as art. If you have brass knuckles that are designed to be worn on the body (like a ring), you are legally permitted to wear them as a form of art. This does not constitute a legitimate form of self-defense, and while it may be a good option for collectors, it is not a way around Illinois laws regarding brass knuckles.
Comparison of Illinois and Other States’ Laws on Brass Knuckles
While the legality of brass knuckles has been addressed above, different states have different laws regarding this item. For example, in Texas, there is no law prohibiting possessing and carrying brass knuckles for personal use, but you can be charged with a class A misdemeanor if you engage in a criminal act while possessing or using brass knuckles. In Oklahoma, you are allowed to keep brass knuckles in your home or vehicle, but it is illegal to carry brass knuckles in public . Private property, on the other hand, is considered public for legal purposes, and thus it is illegal to carry brass knuckles in your own yard. On the other hand, in Michigan, brass knuckles are still considered illegal; you are not permitted to own or carry even those that are for personal protection. However, the state of Florida considers brass knuckles merely an extended form of a fist, and is thus legal for ownership.
History of the Laws Regarding Brass Knuckles
Historically, brass knuckles were quite common, and firearms were difficult to obtain. Knucks made a formidable impact weapon because they conferred a mechanical advantage in close combat. They were not considered concealed weapons as they were easy to carry and holster. Prosecutors often declined to prosecute cases involving knuckles, because they believed that the defendant did not intend to use them for an unlawful purpose (Standard Brass Mfg. Co. v. City of New York, 22 N.Y.S.2d 393, 396 (Sup.Ct.1940)). According to the American Journal of Police Science, brass knuckles were banned by all states by the end of 1954. However, in 1973 the District of Columbia changed its local law to allow the sale and possession of brass knuckles.
The National Firearms Act of 1934 did not regulate brass knuckles as a firearm. Congress later amended the National Firearms Act of 1934 through the Gun Control Act of 1968. Under the Gun Control Act, brass knuckles were still not considered firearms because they did not contain "a frame or receiver" or "is any part designed and intended solely and exclusively for use in combination with the parts of a firearm." Under the law, only combinations of knuckles and a pistol grip were considered firearms.
In the late 1980s, there was a wave of state legislation attempting to restrict or ban the sale of weapons. Illinois HB 114 and 115 appeared to be part of this movement to ban the sale of weapons. Both bills were sponsored by Rep. John Olshki who had sponsored a similar piece of legislation in 1979. Rep. Olshki’s evidence concerning knuckles had been unreliable. He based his 1979 bill on an article by Roy Marshall which used knuckles as a generic term for handguns. The author indicated that brass knuckles were not dangerous as long as they were not combined with a pistol grip. The bills passed the House but did not get out of committee in the senate. Later, in 1991, Rep. Olshki filed a bill to ban brass knuckles demonstrating that he remained unconvinced that they were not dangerous.
How to Remain Within Illinois’ Legal Bounds Regarding Brass Knuckles
How to Stay Compliant with Brass Knuckles Laws in Illinois
To stay on the right side of the law in Illinois, there are a few things you should keep in mind. First, brass knuckles are illegal to possess in the state. This means that you should not buy, sell, give away, or trade brass knuckles. Even possessing brass knuckles for self-defense purposes is illegal under Illinois law.
If you are found in possession of brass knuckles, you could face criminal charges . That said, the severity of the charges you may face—and whether or not you will have a criminal record—depends largely on a number of different factors: One of the best ways to ensure that you remove yourself from any potential legal trouble in Illinois is to hire an experienced criminal defense attorney. Your attorney will be able to comb through the facts of your case to determine whether there are any defenses available to you.
