California Penal Code § 21810 PC makes it a crime to manufacture, import, sell, give, lend, or possess metal or brass knuckles. This offense is a wobbler, meaning prosecutors can charge it as either a:
- misdemeanor carrying up to 1 year in jail and/or $1,000, or
- felony, carrying 16 months, 2 years, or 3 years in jail and/or $10,000.
Examples of brass knuckle offenses include:
- Buying a pair of brass knuckles outside of California, but then driving them back into the state
- Giving brass knuckles to your girlfriend
- Selling two pairs of brass knuckles to a neighborhood kid
- Keeping brass knuckles in your drawer
In this article, our California criminal defense attorneys explain what you need to know about Penal Code 21810 PC.
- 1. Are brass knuckles illegal in California?
- 2. Defenses
- 3. Probation
- 4. Related Crimes
- Additional Reading
1. Are brass knuckles illegal in California?
Yes. California Penal Code 21810 PC makes it a crime to do any of the following with brass knuckles (BKs):
- possessing,
- giving,
- lending,
- making,
- importing, or
- selling.1
“Brass knuckles” are a metal device that is worn on your hand in order to increase either:
- the force of a punch or
- the injury resulting from a punch.2
Note that BKs are also banned under Penal Code 16590 PC, which is California’s statute on generally prohibited weapons. Both 21810 PC and 16590 PC carry the same penalties.3
Penal Code 21810 PC is the California statute that prohibits metal knuckles.
2. Defenses
Here at Shouse Law Group, we have represented literally thousands of people charged with California weapons crimes such as possession of brass knuckles. In our experience, the following three defenses can be effective in persuading prosecutors, judges and juries to reduce or dismiss 21810 PC charges.
- There were no brass knuckles. California law provides a specific definition of what BKs are. In these cases, we may be able to call upon a weapons expert to testify that the item in question does not qualify as BKs.
- You were free from prosecution. For example, if you are a police officer, you may be exempt from having to follow 21810 PC.
- The police had no probable cause to arrest you. In these cases, we rely on the police’s dash cam and body cam video or eyewitnesses to show that the officers had insufficient probable cause to carry out an arrest. If the court agrees the police acted improperly, it may exclude any evidence found after the improper arrest. This may leave the D.A. with too weak of a case to prosecute.
Note that it is typically not a defense that you carried the brass knuckles for self-defense.
Possessing brass knuckles carries fines and/or jail.
3. Probation
If you are convicted of manufacturing, importing, selling, giving, lending, or possessing metal or brass knuckles in California, the judge may grant you probation instead of jail.5
The conditions of your probation turn on whether your 21810 PC conviction is a misdemeanor or felony, as the following chart illustrates.
| Misdemeanor Probation | Felony Probation | |
| Length | Up to 2 years | Up to 5 years |
| Supervision Level | Unsupervised | Supervised (by probation officer) |
| Violation Consequences | Depends on sentencing terms and judge’s discretion | Depends on sentencing terms and judge’s discretion |
| Travel Restrictions | Usually no restrictions | Usually have to get permission from probation officer |
| Possibility of Expungement upon Completion | Yes | Yes |
A possible defense to 21810 PC charges is that police committed misconduct, such an unlawful search.
4. Related Crimes
California makes it a crime to make, import, sell, give, or possess shobi-zues (poles with hidden knives), lipstick case knives, and shurikens. Click on our informational articles to learn more:
- Illegal acts with a shobi-zue – 20710 PC
- Illegal acts with a lipstick case knife – 20610 PC
- Illegal acts with shurikens – 22410 PC
These crimes are all wobblers, so they can be charged as misdemeanors or felonies.
21810 PC cases can typically be expunged from your record once you finish probation or jail.
Additional Reading
For information about other types of weapons, refer to these scholarly articles:
- State gun laws and the movement of crime guns between states – International Review of Law and Economics
- Eradicating ‘This Dreadful Knife Problem’: Legislative and Judicial Initiatives against Knife Possession – Youth Justice.
- Man finds 2nd Amendment protects his use of banned switchblade – Wisconsin Law Journal.
- Knives and the Second Amendment – University of Michigan Journal of Law Reform.
- Stunning Trends in Shocking Crimes: A Comprehensive Analysis of Taser Weapons – Journal of Law and Health.
Legal References:
- California Penal Code 21810 PC.
Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any metal knuckles is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.
See also People v. Bouchard (Cal. App. 2d Dist. 1958) 161 Cal. App. 2d 302; People v. Deane (Cal. App. 2d Dist. 1968) 259 Cal. App. 2d 82; People v. Guyette (Cal. App. 5th Dist. 1964) 231 Cal. App. 2d 460; People v. Quinones (Cal. App. 1934) 140 Cal. App. 609; In re David V. (Cal. App. 2d Dist. 2008) 166 Cal. App. 4th 801. - California Penal 16920 PC.
- California Penal Code 16590 PC.
- California Penal Code 21810 PC.
- See same. See also California Penal Code 1170(h) PC. See also People v. Pratt (Cal. App. 1938) 26 Cal. App. 2d 618.