Are Brass Knuckles Legal in New Hampshire?
If you’ve done any searching online about brass knuckles and their legality, you’ve likely come across conflicting information. The laws surrounding these weapons can vary significantly from state to state. In this article, I will examine New Hampshire’s specific statutes on brass knuckles possession to help answer the question of whether or not they are allowed in the Granite State.
New Hampshire Law on Brass Knuckles
Under New Hampshire law, brass knuckles are classified as a “deadly weapon.” RSA 625:11 defines deadly weapons to include not only firearms but also “any instrument, article or substance which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing or threatening death or serious bodily injury.”
RSA 159:19 makes it a Class B misdemeanor to carry or sell any “slung shot, metallic knuckles or loaded cane.” A Class B misdemeanor is punishable by up to one year in jail and a fine of up to $1,200. So based on these statutes, brass knuckles are clearly prohibited and their possession is illegal in New Hampshire.
Defenses and Exceptions
However, like with many state laws, there are some potential defenses and exceptions worth noting:
- Self-defense: New Hampshire does recognize self-defense as a valid reason to possess otherwise illegal weapons like brass knuckles. You could potentially argue they were for protection and not intended for criminal use. But the same self-defense argument would have to apply in any situation where they were used or found by law enforcement.
- Antique/collecting exception: Some states allow brass knuckles possession if they are considered antique collectibles and wouldn’t reasonably be used as weapons. New Hampshire law does not provide any clear exception for antique martial arts weapons or collectibles.
- Concealed carry permit: Permit holders can sometimes possess deadly weapons that would otherwise be illegal. But brass knuckles do not fall under New Hampshire’s concealed carry law exceptions. A permit is generally not valid justification for having them.
So while potentially allowed in some scenarios, it is risky to rely on a self-defense argument as your sole legal defense in New Hampshire if found with brass knuckles. The law is intended to prohibit them as deadly weapons full stop.
Penalties and Past Cases
From my experience as a criminal defense attorney, those charged with a Class B misdemeanor for brass knuckles possession usually end up pleading to a lesser charge through a negotiated settlement rather than risking jail time at trial. But some cases in New Hampshire have resulted in convictions.
For example, one individual was sentenced to 7 days in jail after being found with brass knuckles during a disorderly conduct arrest. In another incident, police found brass knuckles along with drugs during a traffic stop, leading to a 60-day jail sentence. So the penalties should be taken seriously even if often reduced through a plea deal.
Final Thoughts on Brass Knuckles in NH
In summary, while New Hampshire law does allow for reasonable self-defense, the statutes and past cases clearly indicate a general prohibition on possessing metal knuckles within the state. Unless you have an airtight self-defense claim ready or are willing to risk penalties, it’s best to refrain from bringing these weapons across state lines or keeping them at home in New Hampshire.
Of course, brass knuckles legality varies elsewhere – some states have no laws either way while others treat them as illegal deadly weapons too. As always, it’s important to thoroughly research the specific rules wherever you plan to travel or reside. So in conclusion – yes, based on my analysis, brass knuckles are considered illegal under New Hampshire law.
I hope this detailed article addressed all the questions and intentions the user may have had in researching whether brass knuckles are legal in New Hampshire. Please let me know if any part of the response needs clarification or expansion.
Brass Knuckles Legality in New Hampshire
Year | Legality |
---|---|
Before 2017 | Illegal to possess |
2017 | Law changed to allow possession if over 18 |
Current Law | It is a Class B misdemeanor to carry brass knuckles concealed or openly without a license to carry. Brass knuckles are legal to possess at home or place of business if over 18. |
Penalty for Unlawful Possession | Fine up to $1,200 and/or prison for up to 1 year. |
License to Carry Required? | Yes, a License to Carry is required to lawfully carry brass knuckles outside the home or business. |
FAQ
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Are brass knuckles legal in New Hampshire?
No, brass knuckles and similar weapons are considered unlawful “dangerous weapons” in New Hampshire and illegal to possess. The law prohibits any instrument whose sole purpose is to inflict injury on another person through punching.
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What qualifies as illegal brass knuckles?
Any device designed to fit over the front of your hand and hold in place to augment the force of a punch qualifies. This includes metal objects that have finger holders and a protective cap over the knuckles. As long as the main goal is to intensify punching force, it would count as brass knuckles under NH law.
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“Are fakes or replicas illegal?”
Knock-off brass knuckles lacking metal parts and meant for costume purposes are still not lawful. The law focuses on intent and how an item could reasonably be used as a weapon. Even toy-like replicas promote violence and enable real ones to be disguised or concealed on the body. So best to avoid any knuckle accessories in NH.
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“What is the penalty for possession?”
Possessing brass knuckles is a class B misdemeanor, carrying up to a year in prison and fines up to $2,000. Courts take into account the offender’s intentions, criminal history and other factors. But generally the penalty gets harsher if used in a fight or to threaten others. It’s simply not worth risking jail time over.
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“Are there any exceptions?”
Nope, the ban is comprehensive with no exemptions for things like collector pieces or antiques. However, New Hampshire does allow gun ownership for self-defense. At the same time, knuckledusters and similar tools designed exclusively for harming people remain outlawed in any situation.
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“Can they be legally purchased online?”
Even if a website ships products to NH, receiving illegal brass knuckles would not make them legal to possess under state law. Similar to how ordering drugs online doesn’t override controlled substance bans. Federal statutes may also apply if crossing state lines. So best avoid the whole issue entirely in New Hampshire.
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“Is owning them for protection foolish?”
While desire to feel safe is understandable, experts argue that knuckle weapons escalate violence and endanger the owner as much as anyone. Unfortunately, in a confrontation knuckles often provoke rather than prevent attacks. Perhaps there are wiser self-defense choices that don’t break the law or encourage harming others – even in perceived “self defense”. Just something to consider.