Penal Code § 21810 PC – Possession of “Brass Knuckles” – California Law

California Penal Code § 21810 PC makes it a crime to manufacture, import, sell, give, lend, or have possession of metal or brass knuckles. This offense is a wobbler, meaning prosecutors can elect to file the charge as either a misdemeanor or a felony.

The language of the code section states that:

21810. 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.

PC 21810 prohibits brass knuckles – which are metal devices worn on your hand to amplify the force of a punch or the resulting injury.

Common Examples

• Buying a pair of BKs outside of California, but then driving them back into the state
• Giving brass knuckles to your girlfriend
• Selling two pairs of metal knuckles to a neighborhood kid

Common Defenses

• you did not have “brass knuckles;”
• you are free from prosecution; and/or,
• you were arrested without probable cause.

Penalties

A violation of PC 21810 is a wobbler offense under California law. This means it can be charged as either a misdemeanor or a felony.

Our California criminal defense attorneys will explain the following in this article:

• 1. Are brass knuckles illegal in California?
• 2. How can I fight these charges in court?
  • 2.1 There were no “brass knuckles”
  • 2.2 You were free from prosecution
  • 2.3 The police had no probable cause to arrest you
• 3. What are the 21810 PC penalties?
• 4. Are there related crimes?

1. Are brass knuckles illegal in California?

Penal Code 21810 is the California statute that makes it a crime to

• make,
• import,
• sell,
• give, or
• possess metal/brass knuckles.¹

“Brass knuckles” mean 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

Please note that BKs are also prohibited under Penal Code 16590 PC – California’s statute on generally prohibited weapons.³

2. How can I fight these charges in court?

Here at Shouse Law Group, we have represented literally thousands of people charged with weapons crimes such as possession of brass knuckles under PC 21810. In our experience, we have found the following three defenses to be very effective in persuading prosecutors, judges and juries:

1. there were no “brass knuckles;”
2. you were free from prosecution; and/or,
3. the police had no probable cause to arrest you.

2.1. There were no brass knuckles

Penal Code 16920 provides a specific definition of what BKs are. This means that it is a valid legal defense to say that while you may have committed an illegal act under PC 21810, you did so with something other than metal knuckles.

In these cases, we may be able to call upon a weapons expert to testify that the item in question does not technically fit the statutory definition of brass knuckles.

2.2. You were free from prosecution

Certain people are free from prosecution under Penal Code 21810. For example, members of law enforcement agencies may sell, transfer, or possess these weapons. It is a defense, therefore, to show that you fall into one of these exempted categories.

2.3. The police had no probable cause to arrest you

The police must have probable cause before they can detain or arrest you. Thus, if you were stopped or arrested for violating PC 21810, and there was no probable cause, then any evidence obtained following the improper stop/arrest could get excluded from the case. This could result in the dismissal or reduction of the charges.

In these cases, we rely on the police’s dash cam and body cam video to show that the officers had insufficient evidence to carry out an arrest. We may also be able to find eyewitnesses who can testify how the police jumped the gun and arrested you without probable cause.

A violation of this law can result in a fine and/or jail time

3. What are the 21810 PC penalties?

A violation of PC 21810 is a wobbler offense under California law. This means it can be charged as either a misdemeanor or a felony.

If charged as a misdemeanor, the crime is punishable by:

• imprisonment in the county jail for up to one year; and/or,
• a maximum fine of $1,000.⁴

If a PC 21810 violation is charged as a felony, the offense is punishable by:

• imprisonment in a county jail for up to three years; and/or,
• a maximum fine of $10,000.⁵

4. Are there related crimes?

There are three crimes related to illegal acts with BKs. These are:

1. illegal acts with a shobi-zue – PC 20710;
2. illegal acts with a lipstick case knife – PC 20610; and,
3. illegal acts with shurikens – PC 22410.

Illegal acts with a shobi-zue – PC 20710

Penal Code 20710 PC is the California statute that makes it a crime to make, import, sell, give, or possess a shobi-zue, or a pole with a knife hidden in it.⁶

A violation of PC 20710 can be charged as either a misdemeanor or a felony.

Either charge is punishable by:

• imprisonment in the county jail; and/or,
• a significant fine.⁷

Illegal acts with a lipstick case knife – PC 20610

Penal Code 20610 PC is the California statute that makes it a crime to make, import, sell, give, or possess a lipstick case knife.⁸

A violation of PC 20610 can be charged as either a misdemeanor or a felony.

Either charge is punishable by:

• imprisonment in the county jail; and/or,
• a significant fine.⁹

Illegal acts with shurikens – PC 22410

Penal Code 22410 PC is the California statute that makes it a crime to make, import, sell, give, or possess a “shuriken.”¹⁰

A violation of PC 22410 can be charged as either a misdemeanor or a felony.

Either charge is punishable by:

• imprisonment in the county jail; and/or,
• a significant fine.¹¹

Legal References: