Wednesday, July 20, 2016

Brass Knuckles Illegal in Texas for Sale or Possession

Originally published by Cody L. Cofer.

Brass Knuckles in Texas

metal or plastic brass knuckles in TX law

It is illegal in Texas to possess “prohibited weapons.” This includes by definition brass knuckles. Regardless of whether the weapon is made of brass, illegal “knuckles” are an object constructed with finger rings or guards made of a hard substance (including plastic brass knuckles) for the purpose of causing a person (or animal) serious bodily injury or death by striking with a fist enclosed in the knuckles.

Brass knuckles are also considered a “Deadly weapon.” This is because the law views “knuckles” as manifestly designed, made, or adapted to inflict death or serious bodily injury. In this context, “Serious bodily injury” creates a substantial risk of death or causes:

  • death;
  • serious permanent disfigurement; or
  • protracted loss or impairment of the function of any bodily member or organ.

It is a crime for a person to “intentionally, knowingly, or recklessly” have possession of any prohibited weapon, including brass knuckles. Mere possession is a Class A Misdemeanor. However, injuring someone or threatening someone with a deadly weapon (Aggravated Assault) is a Second or First Degree Felony.

In Texas, a person cannot possess, manufacture, transport, repair, or sell brass knuckles.

Brass Knuckles and Juveniles

Possession of brass knuckles is on offense that disqualifies a child from entering into a “First Offender” deferred disposition program through the juvenile courts. Tex. Fam. Code Ann. § 52.031. If a kid is caught with brass knuckles, then the principal (or a person designated by the principal) is required by law to notify the school district police department and the police department of the city where the school is located. Tex. Educ. Code Ann. § 37.015.

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.

from Texas Bar Today
via Abogado Aly Website

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