Brass knuckles might look like something out of an action movie or a collector’s case, but in New York, simply having them in your possession can lead to criminal charges. Brass knuckles in New York are illegal. Whether you bought them online for self-defense, received them as a gift, or keep them as part of a collection, it’s important to understand how New York state law treats them.

What Are Brass Knuckles?

Brass knuckles, also called knuckle dusters, are handheld weapons that fit over the knuckles. They’re usually made of metal, as the name implies, but they also come in plastic, polymer, and composite materials. Their purpose is to enhance the impact of a punch by concentrating force onto a smaller area, which can lead to serious injuries.

Though they’re occasionally marketed as collectibles or self-defense tools, the law views these as illegal, regardless of intent or material. If it fits over the knuckles and is designed to cause harm, it’s likely to meet the legal definition of a weapon.

Are Brass Knuckles Illegal in New York?

Yes. Under New York Penal Law Section 265.01(1), possessing brass knuckles, regardless of your intent, is a criminal offense. The statute makes it a crime to possess any “metal knuckles” or “plastic knuckles,” stating a person is guilty of fourth-degree criminal possession of a weapon when:

“He or she possesses any firearm, electronic dart gun, electronic stun gun, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type slingshot or slingshot, shuriken, or throwing star.” — N.Y. Penal Law Section 265.01(1)

This is considered a Class A misdemeanor, which carries serious penalties. It’s important to note that New York doesn’t require prosecutors to prove that you intended to use the item unlawfully—mere possession is enough.

Are Plastic or “Novelty” Versions Legal?

It’s a common misconception that if brass knuckles are made of plastic or marketed as “novelty” items, they are legal. However, that’s not the case in New York.

That same statute that criminalizes possession of metal knuckles also includes plastic knuckles. Even if you purchased the item online legally from another state or received it as a gift, bringing it into NY—or even owning it here—can lead to arrest and prosecution.

Penalties for Possession in New York

Having brass knuckles in New York is considered criminal possession of a weapon in the fourth degree, which is a Class A misdemeanor. Consequences may include up to one year of imprisonment, fines, probation, and a criminal record.

In addition, such a conviction can have collateral consequences, such as:

• Immigration issues for non-citizens, including potential removal or inadmissibility
• Employment obstacles, particularly in professions that require background checks or licensing
• Loss of firearm rights
• Difficulty securing housing or education

If you’re facing this charge, talk to a skilled New York criminal defense attorney as soon as possible. This way, you can protect your rights and explore your options to pursue the best possible outcome.

Common Situations Leading to Arrest

There are many misconceptions surrounding brass knuckles, with many people finding themselves facing criminal charges for something they thought was harmless or legal. Common situations include:

• Stopped at TSA airport security with brass knuckles in a carry-on or checked bag
• Routine traffic stop where the officer finds them in a glovebox or center console
• Backpack or purse search at a concert, sporting event, or courthouse
• Keychain accessories that include a plastic or novelty weapon
• Packages from out-of-state retailers being intercepted or flagged

In many of these situations, the person had no intent to use the knuckles as a weapon, but that doesn’t change the legal exposure.

Defending Against a Brass Knuckles Charge

Being charged with weapon possession doesn’t mean you’re guilty. Your criminal defense attorney may raise multiple defenses, including but not limited to:

• A lack of knowledge: You didn’t know the item was in your possession, such as if someone else left it in your bag or vehicle.
• Unlawful search: The police didn’t have a legal basis to search your person, vehicle, or residence.
• Mistaken identity of the object: What was found may not legally qualify as brass knuckles under the statute.
• No criminal intent: While not required for conviction nor an element of the offense, a lack of malicious intent can sometimes be relevant in negotiations or plea discussions.

Every case is unique, so not all defenses will apply. A skilled criminal defense lawyer will examine the facts, evaluate police conduct, and work to build the strongest defense possible for you.

Bottom Line: Don’t Risk It—Know the Law and Protect Yourself

While brass knuckles might seem like a harmless item or a smart way to protect yourself, they’re not legal in New York, even if you had no intent to use them, they’re made of plastic, or you bought them out of state. The laws surrounding weapons in New York are strict and clear on this.

If you’re facing charges related to brass knuckles or are unsure whether a self-defense item is legal, don’t wait—speak with a criminal defense attorney as soon as possible. Julie Rendelman, an experienced New York criminal defense attorney, can help you understand your rights and work to pursue the best possible outcome. Contact us today to start with a free consultation.