Comprehending the Brass Knuckles Legislation in Idaho

The Legal Nuances of Brass Knuckles in Idaho

Booby traps made of brass, weighted canes, wrists with a small iron ball attached to them, and nuxing or knucks are some other names for brass knuckles or also called a knuckle duster.
There are three sections in Idaho law which discusses brass knuckles as a defined category of weapon. Section 18-3302 gives a list of weapons which as a general rule are illegal to have. Brass knuckles fall under the general wording of "other dangerous and deadly weapons even partially constructed, consisting of a knuckle duster composed of metal, and with or without a knuckle grip of any material." The statute continues by adding a section of exceptions for individuals who may possess brass knuckles:
The penalties for possession in the first instance is a misdemeanor. The penalties for possession in the second instance is a felony. Another Idaho statute , § 39-3106, states that brass knuckles are a prohibited weapon in the state of Idaho. Brass knuckles are on a short list of weapons intended for use in a lethal manner, along with num-chucks, shurikens, switch blade knives, machine guns, improvised explosive devices, and more. Individuals in violation of this particular section of the law face a felony conviction, a fine, and/or imprisonment.
It is always important to check specific local laws and regulations. The law may require a permit or license or could classify an object as a weapon in a different way, making it illegal to own or carry. Many states have particularly strict laws regarding the use or possession of brass knuckles. Even if you can legally own a set of brass knuckles, you may face serious criminal charges if you attempt to bring them or use them in a fight.

Allowable and Prohibited Uses

Brass knuckles are typically viewed as an offensive weapon and are therefore illegal in the states. Idaho state law, however, specifically states that possession of brass knuckles is a misdemeanor. In regards to permitted uses of brass knuckles, there are two scenarios where brass knuckles are legal: collecting and martial arts practice.
Some brass knuckle collectors will use these weapons to display on a wall. This is legal in Idaho so as long as the collection of brass knuckles is limited to the home of the collector. But for collectors who seek to have a brass knuckle collection, the key is to build it piece by piece. Collectors cannot order knuckles or make a purchase of any kind with the specific intent to resell the pieces.
Martial artists often recommend the use of brass knuckles when adopting certain self-defense practices. Those who participate in martial arts often use keychain knuckles for practical purposes given the size, weight, and compactness of this type of brass knuckles. But even a person who carries a keychain brass knuckle can be subject to an arrest if that person is found to have used the keychain knuckle as an offensive weapon.
Those who own a pair of brass knuckles may not use that weapon in self-defense against an assault. If a person who owns a pair of brass knuckles uses the weapon for self-defense, that person has committed a criminal offense. A criminal defense lawyer in Idaho can protect a person against a criminal charge for using a brass knuckle.

Penalties for Unlawful Possession

Fines
In Idaho, the monetary fine for having illegal brass knuckles is categorized under a felony charge. A felony charge typically carries with it a fine of up to $1,000, with some felonies requiring a higher fine and others a lower fine. However, in the case of illegal brass knuckles, which is a fourth-degree felony, the range of fines falls between $300 and $25,000.
Jail Time
The jail time associated with having illegal brass knuckles, which is a fourth-degree felony charge, is between one and five years in prison. This is in the same range as all other fourth-degree felonies in Idaho. If you possess a weapon illegally and without a license or permit and that weapon is a deadly weapon, this enhances the punishment from a misdemeanor to a felony. For a first offense, you may be fined an amount between $300 and $5,000 and serve one month to one year in jail. For a second offense, your fine may be between $600 and $10,000 and you could be sentenced to serve six months to two years in jail, while a third offense could result in a fine between $1,000 and $10,000 with a prison sentence of up to five years. Additionally, if you are a convicted felon or the handgun is considered an "unlawful weapon," meaning that it is a gun that is illegal in general or was used in a crime or was found in a place associated with criminal activity, this may also enhance the punishment or make it a more serious crime.
It’s important to remember that these are typically the maximum penalties under Idaho law. In many cases, a judge will sentence less than the maximum penalty. However, there is no limit to how high they can sentence. That’s why it’s important to have an experienced Idaho illegal weapons lawyer on your side.

Historical and Societal Perspectives

Historically, brass knuckles are believed to have originated in ancient times, serving as a form of concealment or transformation into heightened physical strength. In cultures from Europe to Asia, a variety of hand-held weapons were outfitted with finger holes to form a protective barrier for the user’s own hand. In the Roman Empire, there were versions of weapons that would later be known as "brass knuckles" that functioned as handguards for swords. The wearers of these weapons, primarily soldiers, appreciated their additional protection for also providing offensive capabilities in battle.
It was not until the mid-nineteenth century that brass knuckles began to be produced specifically for tactical use by armies. These objects were made from both brass and iron, giving them their name, and while the preferred manufacturing method combined steel tools with brass and iron inserts, there were also models that used only iron and brass. The United States military found these innovations useful in regards to close combat , since they could cut or puncture but could also cause serious damage when used as a blunt weapon. When Leon – the French inventor who is often credited with the idea of the brass knuckles – sold his designs to the Army, the high command was pleased and encouraged him to pursue further improvements.
This initiative contributed to five brass-knuckle patents which became extremely popular with soldiers, the first of which was dated 1859. These combative machines soon gained popularity among criminals during the ensuing American Civil War. While they were originally intended for soldiers alone, they quickly proliferated among the general population craving the advantages of the extra handbulbs. As a result, more refined versions were developed that became even more attractive to the average man and woman. The criminals who most often chose these sleek, shiny weapons included thieves and thugs that generally did not feel that a knife or gun was a necessary investment.
Today, many examples of this long tradition can be found in museums throughout Europe and North America. In North America, it is illegal to own, carry or use brass knuckles in the majority of states, including Idaho.

Idaho’s Brass Knuckles Laws vs. Other States

When examining the laws of brass knuckles in Idaho in the context of all other states, Idaho is comparatively lenient.
At the top of the list of states that are relevant to this inquiry are Wisconsin and Michigan. Both states have statutes that exactly prohibit the possession of "brass knuckles," as Idaho does, however, they carry different penalties. Wisconsin punishes a violation with "imprisonment not exceeding 9 months or by a fine not more than $1,000". Mich. Comp. Laws Ann. § 750.109f(5)(e) plays a little harder, making a first offense a felony, punishable by up to five years in state prison and/or a fine up to $2,500.
Arizona is similar to Idaho, but with two distinctions. First, Arizona’s statute mentions a variety of brass knuckles, including "knuckle dusters" and "brass knuckles". A second distinction is the defining clause in ARS 13-3101: "Any object that is made of metal or other hard material and worn on the hand, knuckles or fingers, and with protrusions extending outward from the base knuckle of the thumb or any finger, creating a single-bar or double-bar design."
In effect, both of these distinguishing details are unnecessary. The defining clause stating "objects that are made of metal" is broad enough to apply to any brass knuckles. The very first object listed as falling under this category is "brass knuckles", and the latter detail on the protrusions is superfluous, because the protrusions themselves are pointing out how a brass knuckle design must be structured (due to the completely rounded cut-out in the exterior).
The differences are subtle but make for interesting reading anyways. Where Wisconsin and Michigan are absolute prohibitors of brass knuckles, Alabama, New Jersey and Maryland decide to punish violations differently based on the presence of intent.
Alabama codifies its definition of "slungshot" in their Code of Alabama Title 13 Criminal Code § 13A-11-61. In addition to brass knuckles, it includes "blackjacks", "sandclubs", "knucks of any material", "slungshots", "swords", "swords in canes", "bowie knives", "dirks", and "any other deadly weapons". However (and this is a significant caveat) the unlawful possession of a weapon can be excused "if lawful defense of person or property is imminent and the person possessing the weapon goes immediately to a place where the person is not prohibited from going in order to employ the weapon in lawful self-defense or defense of property." To a lesser extent, Maryland law (§ 4-101) applies a similar standard, allowing for the use of a banned weapon "all necessary and reasonable means to defend [himself]".
New Jersey law like Arizona distinguishes between objects made of metals and weapons. New Jersey law defines brass knuckles to include "metal knuckles, knuckles of any other material, [and] slungshots". While New Jersey law allows for a defense in the case of unlawful possession, it is limited to those who are charged with a second degree crime.

Legal Self-Defense Weapons

Despite the possible legal ramifications of owning a knuckle duster, there are legal options for self-defense that can be carried in Idaho. A small can of pepper spray is an effective tool to use to prevent an attack or thwart one completely in most cases. When sprayed in the face of an assailant, this non-lethal self-defense tool has the result of temporary blindness and pain. The lightweight container easily fits into a pocket or purse, making it readily available and easily concealable. In a moment’s notice, a person can access their pepper spray to quickly fend off an encounter with an attacker.
Another option is a personal alarm, which can unleash a high-pitched sound to grab the attention of those in the area . Merchants and individuals alike use these devices, which can be placed on a key chain, on their belt or in a pocket. If someone approaches you with the intent of assaulting, the device can be activated with a simple press of a button. The wailing sound can deter the person from continuing to assault or attack, as a passerby from the street or surrounding area may think a crime is underway and call the police. In addition, someone walking nearby may be alerted that you are in distress and be able to lend assistance.
Other methods of self-defense can be used, including the standard alternatives of striking an attacker in the throat, eyes or solar plexus or the use of blocks and evasion techniques to prevent injury.