Brass Knuckles in Georgia: What You Need to Know
Introduction
In Georgia, brass knuckles are legal to possess. A special Permit is required to carry them in a concealed manner. This article presents information on legal and illegal possession and use of brass knuckles in Georgia. Also provided is the Georgia law, including key details, definitions, and penalties.
Are Brass Knuckles Legal in Georgia?
In Georgia, it is legal to possess brass knuckles; however, you must comply with provisions within the law. Specifically, brass knuckles may not be concealed carried without a Concealed Carry Permit. Although it is legal to own brass knuckles, carrying them without a valid license can result in criminal charges.
Is it legal to use brass knuckles for self-defense?
Brass knuckles can be used for self-defense. However, using brass knuckles in a fight can result in felony charges. In Georgia, they are classified as dangerous weapons. Because this instrument is capable of causing serious injury or death, even defensive use may be viewed as excessive force.
Any offensive use of brass knuckles will almost certainly bring felony charges.
Related Potential Charges
Certain displays of brass knuckles may bring charges of brandishing a weapon. Using brass knuckles could be grounds for aggravated assault felony charges.
Restrictions on Legal Carry
Generally, any person with a valid Weapons Carry Permit still may not carry a weapon in certain places.
- Businesses and venues not allowing weapons
- Government buildings, court houses, etc.
- Airports and commercial aircraft
- Places of worship
- Bars, nightclubs, etc.
- Sporting events, concerts, etc.
- Schools, universities, etc.
- Within 150 feet of any polling place
Federal Carry Restrictions No person shall carry a weapon into a place or on property where it is prohibited by federal law. This is true whether or not the person has a State Issued Weapons Carry License.
Inadvertent Carry
Mistakes happen. A person in possession of a weapon may find themselves on a property where carry is restricted. For example, you accidentally carry into a restricted area. The solution is promptly exit and secure your weapon in your vehicle.
Special Carry Exceptions
An individual with a Weapons Carry License (lawful weapons carrier) is allowed to have a weapon in their vehicle. For example, dropping off or picking up children at school. Any weapon must be in a locked compartment. Obviously, this provides a certain level of safety. It must also be in the immediate, direct possession of the licensed person.
It may be legal to carry weapons into certain establishments with formal approval. For example, a church authorizes certain members to provide security services.
Georgia Weapons Carrying Laws
O.C.G.A. 16-11-126 is the relevant law in Georgia
(a) A person commits the offense of carrying a concealed weapon when such person knowingly has or carries about his or her person, unless in an open manner and fully exposed to view, any bludgeon, metal knuckles, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character outside of his or her home or place of business, except as permitted under this Code section.
Punishments
(b) Upon conviction of the offense of carrying a concealed weapon, a person shall be punished as follows:
(1) For the first offense, he or she shall be guilty of a misdemeanor and
(2) For the second offense, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than two years and not more than five years.
Furnishing Brass Knuckles to Minors
Additionally, under O.C.G.A. § 16-11-101, it is illegal for a person to knowingly sell or furnish to a person under 18 years of age knuckles, whether made from metal, thermoplastic, wood or other similar material, or a knife designed for the purpose of offense or defense.
Furnishing Brass Knuckles to a Minor
A conviction for furnishing knuckles to a minor (under 18 years old) which can result in a fine up to $5,000, jail time up to one year, or both.
Example Arrest for Using Brass Knuckles
Per a 2015 article by the WTVM website: " A 14-year-old Columbus teen was arrested on Thursday following a fight outside of Hardaway High School. The suspect, who will not be named because he is a minor, allegedly struck the 16-year-old victim in the head while wearing brass knuckles. The victim sustained a 1-inch laceration to his head. The suspect was arrested and charged with aggravated assault, bringing a weapon to school property, and disruption of public school." 1
Legal Standing
Despite Georgia allowing legal ownership of brass knuckles possession may still cause problems. You should check with your local police department to get their opinion. Their opinion may differ from how you interpret the law, but adherence may prevent legal problems. Being wrongly arrested for having brass knuckles could cost thousands to fight charges.
Disclaimer: This article is intended for general informational purposes only. It is not provided as legal advice. Always consult with a defense attorney regarding your specific situation.
Credits and Footnotes
- 1 News Team, “Columbus teen arrested for brass knuckle assault on fellow student”, October 9, 2015, Available from WVTM Channel 9 Website
- Photo by Michael fender, available at Pexels.com
Share This
