Carrying Brass Knuckles is legal in Texas from September 1, 2019
The bill removes “knuckles” from a group of weapons banned in a previous law that made it illegal to possess, manufacture, transport, or sell a list of things that range from improvised explosive devices to homemade guns.
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Definition Of Brass Knuckles And Clubs
Under the Texas Penal Code, brass knuckles are defined as “any instrument that consists of finger guards or rings made of a hard substance and that is made, designed, or adapted for the purpose of inflicting serious bodily injury or death by striking someone with a fist enclosed in the knuckles.” The legislation was made to safeguard those who desire or require self-defense.
Clubs are included in the new law, and these are defined as “instruments that are specially made, designed, or adapted for the purpose of inflicting serious bodily injury or death by striking someone with the instrument,” including a nightstick, blackjack, mace, or a tomahawk.
Previous Law On Brass Knuckles
Before the new law went into effect, carrying or owning brass knuckles was a Class A misdemeanor that could result in up to a year in jail and/or a maximum fine of $4,000. Brass knuckles are mostly used as a defensive tool, according to those who favored the bill. They shouldn’t be connected to illegal weapons like explosives or machine guns.
Knuckles’ removal from the prohibited list is overdue, as switchblades were in 2013 when they were first taken off the list. Some people carry keychain-mounted knuckles with them in case they need to defend themselves. For having a weapon that is lawfully used for self-defense, they shouldn’t be punished with a hefty fine or time behind bars.
Current Texas Penal Code
The Texas Penal Code Section 46.02 (a)(1) has now been amended to read that prohibited weapons include items like:
- Chemical dispensing device
- Armor-piercing ammunition
- Improvised explosive device
- Tire deflation device
- Zip gun
- A firearm silencer, unless it is declared a relic or curio by the United States Department of Justice, or the person manufactures, possesses, repairs, transports, or sells the silencer in question in accordance with federal law
- the explosive weapon, machine gun, or short-barreled firearm, unless such weapon is registered in the National Firearms Registration and Transfer Record kept by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, or unless such weapon is otherwise exempt from registration, or unless the U.S. Department of Justice has declared it as a relic or curio
New Texas Laws 2019
In Sept., hundreds of new state laws come into force. 1 or sooner. In this series, we take a look at a few that will impact the lives of Texans
A woman in north Texas may not have been detained for carrying a keychain in the shape of a cat for self-defense if she hadn’t been involved in a car accident last year. Likewise, the law prohibiting the same items may not have been made public knowledge.
State Rep. Joe Moody, a Democrat from El Paso, filed legislation lifting what he called an “antiquated” ban on brass knuckles last session, which the governor signed in May. If Kylie Phillips, who was 21 and living in Dallas at the time, had been found guilty of the misdemeanor, she could have been fined $4,000 and sentenced to a year in jail. Her case was dropped and a scheduled court appearance was canceled by attorneys in late July.
Brass knuckles will be allowed in Texas for the first time since 1918 as of Sunday when the law goes into effect.
The Dallas Morning News reports that 93 people were found guilty of having brass knuckles by the law in 2017. The law is frequently used to target young people of color, according to Moody, a former prosecutor.
The laws “are relics of the system that we need to turn away from,” he said. “We’re removing a piece of code that could be abused a lot.”
The Texas Penal Code defines knuckles as “any instrument that consists of finger rings or guards made of a hard substance and that is designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles.” They are included in a list of deadly weapons that also includes bombs, machine guns, and ammunition with armor-piercing capabilities.
Supporters of House Bill 446 argued that Texans who carry knuckles and other legal self-defense weapons shouldn’t be sentenced to jail time.
“If someone has a novelty item or a legitimate self-defense tool, we really shouldn’t be prosecuting them for that,” Moody said. “That’s a poor way to use resources.”
Summary
According to Texas Penal Code, knuckles are defined as “any instrument that consists of finger rings or guards made of a hard substance and that is designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles.”
