Many countries around the world forbid the possession and use of brass knuckles, also called knuckle dusters or knucks. In the United States, this weapon is regulated by state law instead of federal restrictions. Some states, like California, specifically ban the sale, possession, and use of brass knuckles and similar weapons; but other states, like Idaho, do not address the weapon directly.
If you are caught carrying brass knuckles in Idaho, the state will decide whether or not you will be hit with a weapons charge. As long as you are following Idaho Gun & Weapon Law, carrying brass knuckles should not result in an arrest or charge, but if you are accused of violating Title 33, Chapter 18 of Idaho Statutes, you may need legal help.
At May, Rammell & Wells, we understand that you are innocent until proven guilty and can protect your rights under relevant weapons laws.
Understanding Idaho Law
As of July 1, 2019, Idaho allows adults over 18 to carry weapons (concealed or openly) in certain situations with or without a permit. Even with a permit, however, no one may carry a concealed weapon while they are under the influence of drugs and/or alcohol.
Further, no one under the age of 18 may purchase or carry a deadly weapon.
The state of Idaho defines “deadly weapons” as:
- Knives, daggers, and firearms
- Any other “weapon, device, instrument, material or substance” designed or manufactured to cause death or serious injury
- Any “weapon, device, instrument, material or substance” that the carrier intends to use for violence
Pocket knives, meat cleavers, and tools for food preparation and consumption are generally exempt from this definition, as are tasers, stun guns, pepper sprays, and mace.
Most often, weapons charges are made because someone is hiding a deadly weapon without permission or because they are intending to use a potentially dangerous object as a weapon.
Due to the intricacies of the law, your charge (or lack thereof) will almost always depend on where you were, whether or not your weapon was visible, and what you were doing or intending to do with your weapon at the time of your arrest (or encounter with the police).
Brass knuckles are not expressly prohibited in Idaho, which means they are legal in certain situations. If you are arrested for carrying or using brass knuckles, your charges will depend wholly on the circumstances of the incident.
As such, you need to retain an experienced criminal defense attorney to help you make your case. Our legal team at May, Rammell & Wells can help clarify any misunderstandings and defend your rights under state law.
To retain our services, simply call us at (208) 623-8021 or request a case review online.
We look forward to helping you through this difficult time.