Several years ago, Texas legislators changed the law on brass knuckles, making them legal.
The vast majority of states in the country have banned the use of brass knuckles. Up until 2019, Texas was among them. During that year, Governor Greg Abbott signed House Bill 446, which lifted the ban and made brass knuckles once again legal to carry and use in Texas. Still, it is important to understand the law, as using brass knuckles improperly can still result in criminal charges, in some cases.
What are Brass Knuckles?
State law in Texas defines brass knuckles as any tool that consists of hard rings or finger guards and that is designed, made, or adapted for the purpose of causing serious bodily injury or death by striking someone with a closed fist. It is true that brass knuckles can cause severe injuries, such as cuts, broken bones, eye injuries, nose injuries, and concussions. Along with brass knuckles, the Texas Penal Code has also been changed to allow people to carry and use clubs when acting in self-defense.
What was the Previous Law on Brass Knuckles in Texas?
Prior to the law changing in 2019, carrying or using brass knuckles was illegal. The ban on these items had been in place since 1918. Anyone found to be carrying or using brass knuckles could be charged with a Class A misdemeanor, which carries penalties of up to one year in jail, a maximum fine of $4,000, or both. At the time that brass knuckles were prohibited, they appeared alongside other weapons such as machine guns, explosives, and armor-piercing ammunition.
Why was the Law Changed?
Supporters of the bill to change the law on brass knuckles argued that they are self-defense tools. They also argued that tools far more dangerous, such as switchblades, were made legal in 2013; therefore, it was time for the law on brass knuckles to be changed as well. Supporters of the bill also argued that the law was used to target young people of color.
It is critical for anyone who now wishes to carry and use brass knuckles to only use them for self-defense. For example, if you started a physical altercation with someone and used brass knuckles, causing them injury, you could still be charged with assault or battery. While these offenses are typically classified as misdemeanors, they still carry serious penalties for anyone convicted of them.
Our Criminal Defense Lawyers in Travis County Can Advise On Your Case
While carrying and using brass knuckles is no longer illegal in Texas, it is still critical that you only use them in self-defense, as they are intended. If charges have been filed against you, our Travis County criminal defense attorneys at Granger and Mueller, PC, can help with your case. We know the defenses available and will use them strategically to build the strong case you need to protect your future. Call us today at (512) 474-9999 or contact us online to schedule a consultation with one of our knowledgeable attorneys and to get the legal help you need.