Are Brass Knuckles Legal In Oregon? Laws & Sentencing
- Shawn Kollie
- 3 days ago
- 4 min read
Brass knuckles, often associated with street fights and self-defense, are a unique and controversial weapon. Are brass knuckles legal in Oregon? The legality hinges on how and where they are possessed or carried. While owning them is generally legal, carrying them in public, especially concealed, can lead to serious legal consequences.
Legal Status of Brass Knuckles in Oregon
Under Oregon law, brass knuckles are classified as “metal knuckles,” a type of dangerous weapon. Possessing them on private property is legal. However, carrying them in public, especially concealed, is prohibited. ORS 166.240 makes it unlawful to carry certain weapons, including metal knuckles, concealed. This means that even if brass knuckles are not visible to others, carrying them in public can lead to criminal charges.
Why Are Brass Knuckles Dangerous?
Brass knuckles are dangerous because they concentrate the force of a punch into a much smaller and harder area, specifically, the metal over the knuckles. Here’s why that matters:
Increased Impact Force: A punch delivered with brass knuckles can cause much more damage than a bare fist. The force isn’t absorbed by the soft tissue of the hand, so it’s transferred almost entirely to the target.
Potential for Serious Injury: They can easily break bones (especially facial bones like the nose, jaw, or orbital socket), cause deep lacerations, or even knock someone out with a single hit.
Hand Protection for the User: They protect the user’s knuckles from injury during impact, letting them punch harder without self-injury.
Lethality: In extreme cases, brass knuckles can cause life-threatening injuries, particularly if used to strike vital areas like the temple, throat, or back of the head.
Penalties for Violating Oregon’s Weapon Laws
Violating Oregon’s weapon laws can result in severe penalties:
Class B Misdemeanor: Carrying concealed brass knuckles is a Class B misdemeanor, punishable by up to 6 months in jail and a fine of up to $2,500.
Class C Felony: Using brass knuckles in the commission of a crime, such as assault, can elevate the charge to a Class C felony, carrying penalties of up to 5 years in prison and fines up to $125,000.00
Enhanced Penalties: Factors like prior convictions or the presence of other weapons can lead to enhanced penalties.
Exceptions and Authorized Uses
There are limited exceptions where possessing brass knuckles may be legal:
Private Property: Possession of one’s own property is generally legal.
Theatrical or Collectible Use: Brass knuckles used as props in performances or as part of a collection may be exempt, provided there’s no intent to use them unlawfully.
Local Regulations: Some cities, like Portland, have stricter local ordinances regarding weapon possession, including brass knuckles.
Ways People Try To Get Around the Law That Don’t Work
When people try to get around brass knuckles laws, which usually regulate or prohibit carrying brass knuckles or similar weapons, they often come up with clever but ultimately ineffective or illegal workarounds. Here are some of the more common unsuccessful or risky attempts:
Calling Them “Paperweights” or “Belt Buckles”. This tactic is used when someone claims their brass knuckles are novelty items or functional objects like belt buckles or keychains. It fails because the item can still be used as a weapon or is clearly designed as such, so law enforcement and courts don’t care about the label.
Concealing in Clothing or Bags. Some individuals hide their brass knuckles in jackets, shoes, purses, or custom compartments. It fails because if the weapon is found during a search, you’re still charged with possession, and now it’s also considered a concealed weapon.
Modifying the Design Slightly. Changing the look slightly—adding curves, or using open designs—while keeping the basic structure of your brass knuckles doesn’t work because courts often apply the “substantially similar” standard. If it still looks and works like brass knuckles, it can be ruled illegal.
Using Self-Defense as a Justification. Claiming the knuckles are carried for personal protection doesn’t work because in jurisdictions where knuckles are banned, self-defense isn’t a valid reason for possession. You can still be arrested or fined.
Online Purchases from States or Countries Where They’re Legal. Buying brass knuckles from places where they’re allowed and having them shipped to you doesn’t work because importing these types of weapons into a place where they’re illegal can result in customs seizure and criminal charges.
Legal Precedents and Case Law
Oregon courts have addressed cases involving brass knuckles, often focusing on the intent and circumstances of possession. In State V. Tucker, the Oregon Court of Appeals ruled that mere possession of brass knuckles, without evidence of intent to use unlawfully, did not warrant a conviction under ORS 166.240.
Similarly, in State V. Ramer, a defendant successfully argued that brass knuckles found during a traffic stop were part of a personal collection and not intended for unlawful use. The court’s decision emphasized the need to prove intent beyond a reasonable doubt, setting a precedent for similar cases.
Legal Advice and Defense Strategies
If you are charged with possessing or carrying brass knuckles unlawfully in Oregon, it’s crucial to seek legal representation. A skilled attorney can:
Assess Intent: Determine if there was intent to use the brass knuckles unlawfully.
Challenge Evidence: Investigate whether the evidence was obtained legally.
Negotiate Plea Deals: Work towards reducing charges or penalties.
Defend in Court: Represent you in hearings or trials.
Given the complexities of Oregon’s weapon laws, consulting with an attorney can significantly impact the outcome of your case.
Are Brass Knuckles Legal In Oregon Conclusion
While owning brass knuckles in Oregon is legal, carrying them in public, especially concealed, can lead to serious legal consequences. Understanding the state’s weapon laws, recognizing exceptions, and seeking legal advice if charged are essential steps to navigate the legal landscape surrounding brass knuckles in Oregon.
If you’re facing charges related to brass knuckles in Oregon, don’t leave your future to chance—schedule a free consultation with us at Kollie Law. Oregon’s weapon laws can be complex, and a conviction could carry serious consequences, including fines or even jail time. At Kollie Law, we specialize in criminal defense, and we understand the nuances of Oregon’s legal system, offering strategic, no-nonsense representation tailored to your unique case. A consultation could be the first step toward reducing your charges, protecting your rights, and regaining your peace of mind. Don’t wait—let us help you receive expert legal advice you deserve when it matters most.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
