Brass Knuckles Under Mississippi Criminal Law
Miss. Code Ann. § 97-37-13 prohibits the manufacture, sale, transfer, ownership or possession of brass knuckles. It is a material part of a crime (MPC) to "own or possess any metalknuckles, sometimes known as "knuckle duster," brass-knuckles, or knuckles. As defined in Miss. Code Ann. § 97-37-13, "knuckles" refers to: the instrument known as "metal knuckles," "knucks," or "knuckles," which consists of finger holes with a solid strip of metal joining them , designed to be gripped in the hand and worn on the fingers, knuckles and back of hand, or parts thereof, in a manner that in close contact with a portion of the head or body of another person is available to rapidly strike with great force to injure or kill. Any person who violates this law shall be guilty of a felony, and upon conviction, shall be punishable by a fine not to exceed $1,000.00 or imprisonment for not more than five (5) years in the State Penitentiary, or both.
Penalties and Sentences for Possessing Brass Knuckles Illegally
In Mississippi, the penalties for the illegal possession of brass knuckles can be significant. Brass knuckles fall under the category of a dangerous weapon, and as such, the unlawful possession may be charged as a felony. A fine of $1,000.00 and/or not more than 5 years may be imposed by the court if a person is convicted of having a dangerous weapon. In addition to a fine and potential prison sentence, the court is authorized to order anyone committing the crime to complete a program of education or other actions the court deems appropriate. Under certain circumstance, possession of brass knuckles may only be charged or carried as an enhancement of see Also Miss. Code Ann. 45-11-3. . Under such circumstances, the charge would be unlawful possession of a concealed weapon. The penalties for this enhancement are limited to a fine of no more than $100.00. Brass knuckles may also be punished as a deadly weapon in certain circumstance; when possessed by a felony previously convicted person, believed to be deadlier than original push knife, that is designed for the purpose of thrusting into or stabbing the victim. A fine of not less than $500 and/or sentenced to prison up to 10 years may be imposed.
Exceptions and Permissible Uses in Mississippi
While the general prohibition on brass knuckles is well established under Mississippi law, there are certain exceptions to the statute. Pursuant to 97-17-17(2), persons may carry and use " weapons commonly known as brass knuckles" or "modern versions thereof such as knuckles of aluminum, plastic, etc." when they are "in their dwelling house or place of business." In this situation, "place of business" does not include "places open to public passage." Jones v. State, 353 So. 2d 1298, 1304 (Miss. 1978). To further clarify, "place of business" has been defined as a private place or "land owned and set apart for the purpose of carrying on a certain line of business." Id. (holding that a person’s place of business was the two trailers in which he and his wife lived and worked on his boss’ property). The law also refers to the exception within 97-17-17(2) when discussing the legal uses of brass knuckles in the following case: What appears in Acts, 1926, ch. 253, Sec. 6, as amended by Laws 1944, ch. 243, Sec. 1,1 which appears as Sec. 2418, Miss. Code 1942, as amended, imposing a penalty for carrying or concealing on the person weapons commonly known as brass knuckles, and for the manufacture, sale, possession, or possession with intent to sell brass knuckles, should be construed as excepting from the operation of the section therein set out, such possession or use thereof by inhabitants on their own premises or place of business, and therefore as permitting without like prohibition the use of similar weapons attached to a stick or cane, or similarly defined offensive weapons, in the lawful exchange of force between two persons. Accordingly, we hold that defendants’ affirmative proof in the instant case presents mitigating evidence of sufficient weight to instruct the jury upon the authority of Sec. 2459, Miss. Code 1942, before amendment by Laws 1956, ch. 353, Sec. 2, as follows: "The jury shall determine from the evidence whether or not the possession of the brass knuckles was justifiable, and in the event the jury find the possession was justifiable, you cannot return a verdict against the defendant." Monts v. State, 249 So. 2d 387, 391 (Miss. 1971). (reversing conviction for affirmative defense jury instruction error). Thus, the practice of carrying brass knuckles as a self-defense tool in one’s home or business will not be punishable as an offense under Mississippi law and a person charged with such an offense may tender (or have instructed to the jury) an affirmative defense that his possession or use was justifiable.
A Comparison of the Laws With Other States
In several neighboring states, brass knuckles are legal. In Tennessee, for instance, brass knuckles are only illegal if they are metal. In Louisiana, brass knuckles that are designed for self-defense are legal, but only if they have an at least semi-permanent handle (meaning that they cannot be easily attached or removed). In both states, however, loaded brass knuckles, pieces that have been made into knuckles that also contain some sort of weight, are illegal . In Arkansas, there is no law explicitly related to brass knuckles, which leaves them in a legal grey area allowing the general population to legally carry them. Tennessee actually has an unusual provision that brass knuckles are illegal if they are "of a size designed to be fitted to a human hand," which is extremely vague.
A Brief History of Brass Knuckles and Recent Developments in the Law
Context and Changes Over Time: Analyzing the Past and Present of Brass Knuckle Laws in Mississippi
Historically, items like brass knuckles were originally produced as a knuckle guard or soldier’s weapon. During the 17th through 19th centuries, knuckles were primarily used by soldiers in Western Europe as a hand-to-hand combat weapon to punch enemy targets. While they were only granted as a formal weapon to be used by soldiers, there are historical accounts and numerous archeological finds indicating that these weapons were used by civilians as well. In the U.S., there is documentation showing that the first documented encounter with brass knuckles was in New York in 1864. A soldier was passing through the city when he was shot in the arm. Hoping to avoid capture, he wrung his hand around the trigger of his pistol the way fastened a brass knuckle, turned the pistol towards his own face and shot himself in the mouth. In the past, brass knuckles were not yet a concealed weapon, but rather viewed as a tool for combat.
Prior to 1895, Mississippi did not have any laws on brass knuckles. In fact, it was not until 1906 that Mississippi legislators first introduced the first state law prohibiting any person from possessing brass knuckles. At that time, the law was fairly simple. The statute did not include any of the myriad of places lawfully permitted to carry brass knuckles, instead, the law simply said that a person could not possess brass knuckles outright. If caught with brass knuckles, an individual faced a fine of $50 to $200.00 or imprisonment for six months. Of course, these penalties are substantially lower than what exists today. As the need for protection from crime increased in the state, so did the penalties for individuals who were caught carrying brass knuckles. This would mark the first significant change in Mississippi law pertaining to brass knuckles.
Obtaining Legal Counsel & Local Information
The legality concerning brass knuckles in Mississippi can be clouded by the overall gray area in Mississippi weapons law. If you are worried about being arrested and want to know where you can get legal advice, it is going to help if you know some local resources.
First, as a quasi-governmental organization, the Mississippi Bar Association has several ways you can contact them to answer your questions regarding the legality of a weapon such as brass knuckles. The Mississippi Bar Association can be reached via their website at www.msbar.org or you can call them at 601-948-4471. They can give you a general understanding of the law and help you to determine if you should seek further assistance from a private attorney.
Has your friend or neighbor recently been charged with a crime involving brass knuckles? You should take the time to talk to the criminal defense lawyer they hired. Ask the criminal defense lawyer if you can discuss the case with them. If so, ask them to review your case for free because you may be facing the same charges as your friend. Most attorney offer free consultations for potential clients.
If your loved one is facing serious charges involving brass knuckles such as aggravated assault, you need to retain an experienced Mississippi criminal defense lawyer immediately. Mississippi criminal defense attorneys are well versed in the law. They know what is considered legal and illegal based on recent cases within the state of Mississippi. Criminal defense lawyers know who the judges are and the prosecutors they will be facing. The prosecutor and judge assigned to your case are important to the overall outcome of your case. Some prosecutors and judges will make offers that are in their minds are fair depending on the nature of the case. Other criminal defense lawyers are more strict on their expectations for punishment . These types of issues must be addressed in every criminal matter by a criminal defense lawyer.
If someone you know or love has been arrested for carrying or using brass knuckles, you should not wait until after their first court date to hire a criminal defense attorney. Mississippi criminal defense attorneys are usually pretty affordable and most of them offer payment plans. Additionally, most criminal defense attorneys offer free consultations. The cost of hiring a good criminal defense attorney is less than what you will be paying for their sentence if they go to jail.
Furthermore, you or someone you know can always call the police department in your area to get more information about a particular criminal case. The police department will often put the information online or will have press conferences soon after a person is arrested. Police departments are public agencies. That means that you have a right to request information they published.
Additionally, you can view some police reports online. The information should include the name of the police officer who arrested the suspect, the name of the suspect, the arresting agency, the agency report number, the offense charged, the name and location of the court and the name and phone number criminal court clerk. Near the bottom of each report, there is a link that will take you directly to the court docket. The court docket is a list of all the cases we have assigned numbers to.
The information on the docket does not include any indication of your bond, a plea date set or the time it will take before a hearing takes place. None of the court dockets are available online.
There are two things most police departments will not do. First, they will not get you in touch with a criminal defense lawyer. Second, most police departments will not give you legal advice. However, there are several local resources available to you in the state of Mississippi.