Brass knuckles, often seen as symbols of street fights and self-defense, have a controversial legal status in many parts of the United States. Ohio, known for its stringent laws on weapons, treats brass knuckles with particular caution. Are brass knuckles illegal in Ohio? This article aims to provide a detailed and highly reliable overview of the legality of brass knuckles in Ohio.
What Are Brass Knuckles?
Brass knuckles, also known as knuckle dusters, are weapons designed to fit around the knuckles. They are typically made from metal, plastic, or other hard materials, and their primary function is to enhance the damage delivered by a punch. Their compact size makes them easy to conceal, which contributes to their controversial nature.
Are brass knuckles illegal in Ohio?
In Ohio, the legality of brass knuckles has undergone a significant change. As of April 12, 2021, owning, possessing, selling, and manufacturing brass knuckles is legal in the state. This shift came about through legislative updates aimed at expanding access to certain types of weapons.
Previously, Ohio law categorized brass knuckles as a “deadly weapon” under Section 2923.20 of the Ohio Revised Code. This meant possessing or selling them could result in misdemeanor charges. However, the legal landscape changed with House Bill 168, which went into effect in April 2021. This legislation removed brass knuckles from the list of prohibited weapons, making their ownership and sale lawful.
Current Legalities Regarding Brass Knuckles in Ohio
Here’s a breakdown of the current legal status of brass knuckles in Ohio:
- Owning and Possessing: You can legally own and possess brass knuckles in Ohio. There are no restrictions on simple possession within your home or on private property.
- Manufacturing and Selling: The manufacturing and sale of brass knuckles are also permitted within the state.
- Carrying Concealed: It’s important to note the distinction between possession and carrying concealed. While owning brass knuckles is legal, carrying them concealed might be considered a misdemeanor offense. Ohio’s concealed carry laws generally apply to any instrument that can be used to inflict serious harm.
Therefore, it’s advisable to consult with a lawyer to understand the specifics of concealed carry and how it might pertain to brass knuckles in your particular situation.
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Important Considerations
Even though owning brass knuckles is legal in Ohio, here are some crucial points to remember:
- Use During a Crime: If you use brass knuckles during the commission of a crime, the act itself can elevate the charges to a felony level. This is because using any weapon, including brass knuckles, in a violent manner can be construed as aggravated assault.
- Local Restrictions: Some municipalities within Ohio might have their own ordinances regarding brass knuckles. It’s always best to check with your local law enforcement to ensure compliance with any city or county-specific regulations.
Responsible Ownership
While legal to own, brass knuckles are considered weapons and should be treated with caution. Here are some responsible ownership practices:
- Store them securely: Keep brass knuckles out of reach of children and unauthorized individuals.
- Avoid carrying them concealed: Unless you have a clear understanding of concealed carry laws and their application to brass knuckles, it’s best to avoid carrying them concealed.
- Use them only for lawful purposes: Brass knuckles are not intended for everyday use. They should only be possessed for self-defense purposes as a last resort.
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Do you need a permit for brass knuckles in Ohio?
No, you don’t need a permit to own or possess brass knuckles in Ohio.
There was a law change in April 2021 that removed brass knuckles from the category of illegal weapons in the state. This means you can legally buy, sell, and keep them.
However, it’s important to note the distinction between ownership and carrying:
- Concealed Carry: You cannot carry brass knuckles concealed without a permit. This falls under Ohio’s regulations for concealed carry of weapons.
- Open Carry: There’s no restriction on openly carrying brass knuckles in the state.
Remember, even if legal to own, using brass knuckles in a threatening or violent way can lead to assault charges.
Can a felon carry brass knuckles in Ohio?
This is a complex question that requires a nuanced answer. While Ohio law allows ownership of brass knuckles for non-felons, there are restrictions for felons related to carrying any dangerous ordnance.
Here’s a breakdown:
- Owning Brass Knuckles: Ohio law doesn’t explicitly restrict felons from owning brass knuckles. However, it’s advisable to consult with an attorney to understand if any specific felony convictions in your case might impact this.
- Carrying Brass Knuckles: Ohio Revised Code Section 2923.12 restricts felons from carrying “dangerous ordnance.” It’s unclear whether brass knuckles fall under this definition.
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