Brass knuckles, also known as knuckledusters, are a controversial weapon due to their potential for inflicting serious injury. The legality of possessing and using them varies significantly by state, and Oregon is no exception. This guide will clarify the legal status of brass knuckles in Oregon, addressing common questions and concerns.
The Short Answer: No, brass knuckles are generally illegal to possess or carry in Oregon.
Oregon Revised Statute (ORS) 166.220 prohibits the manufacture, sale, purchase, possession, or carrying of certain weapons, including "knuckles." This statute broadly covers devices designed to inflict injury by striking with the hand, effectively making brass knuckles illegal.
What are considered "knuckles" under Oregon law?
This is a crucial point. The law doesn't explicitly define "knuckles," leading to some interpretation. However, it's safe to assume that any device designed to fit over the knuckles and increase the force of a punch falls under this category. This includes:
- Traditional metal brass knuckles: These are the most commonly known type.
- Plastic or other material knuckles: The material doesn't change the illegality; the design is what matters.
- Devices with similar functionality: Even if an item isn't explicitly called "brass knuckles," if it serves the same purpose of increasing punching power, it likely falls under the prohibition.
What are the penalties for possessing illegal brass knuckles in Oregon?
Possession of brass knuckles in Oregon is a Class A misdemeanor. This carries potential penalties that can include:
- Fines: Significant financial penalties are possible.
- Jail time: While not always mandatory, jail time is a potential consequence.
- Criminal record: A conviction will result in a criminal record, impacting future opportunities like employment and housing.
Can I legally own brass knuckles in Oregon for historical purposes or collection?
There's no specific exemption in Oregon law for historical or collectible brass knuckles. The broad prohibition under ORS 166.220 likely covers all types of possession, regardless of intent. Attempting to argue a historical or collectible exception could be risky and might not be successful in court.
Are there any exceptions to the law regarding brass knuckles in Oregon?
There are very few, if any, legitimate exceptions to the law prohibiting brass knuckles in Oregon. Law enforcement will generally interpret the law strictly. Any exceptions would likely need to be determined on a case-by-case basis in court, and the burden of proof would be on the individual possessing the brass knuckles.
What if I find brass knuckles?
If you find brass knuckles, it's best to avoid handling them directly. Instead, contact your local law enforcement agency. They can safely collect the item and determine how to handle it according to their procedures.
What are some legal alternatives for self-defense in Oregon?
Oregon law allows for the use of reasonable force in self-defense, but this doesn't involve illegal weapons. Legal self-defense options include:
- Pepper spray: Legal in Oregon, with some restrictions.
- Self-defense classes: Learning proper self-defense techniques is a safer and more legal way to protect yourself.
This information is for educational purposes only and should not be considered legal advice. If you have specific legal questions regarding brass knuckles or self-defense in Oregon, consult with a qualified attorney.
