Brass Knuckles Possession in Wisconsin

Brass knuckles, when carried concealed, are also off limits even for valid CCL holders.

As stated in the introductory summary, the Wisconsin CCL statute allows the concealed carry of only three types of weapons—handguns, electric weapons, and billy clubs. Recall that concealed knives (of any kind) no longer require a CCL, unless the person cannot legally possess a firearm and the concealed knife if a “dangerous weapon.”¹¹  But handguns, electric weapons, and billy clubs are just a few of the myriad of weapons (industrially manufactured, handcrafted, and even improvised) that can be carried concealed. To get the complete answer, one needs to look beyond the CCL statute to two other criminal statutes—the law prohibiting Carrying Concealed Weapon (“CCW”)¹² and the law that the CCW statute cites defining “dangerous weapon” generally for the criminal code.¹³

The CCW statute prohibits a person from carrying “a concealed and dangerous weapon.”¹⁴ “Dangerous weapon” is defined earlier in the statutes as one of five possible types of items:

1. Any firearm, whether loaded or unloaded
2. Any device designed as a weapon and capable of producing death or great bodily harm
3. Any ligature or other instrumentality used on the throat, neck, nose, or mouth of another person to impede, partially or completely, breathing or circulation of blood
4. Any electric weapon as defined in s. 941.295(1c)(a)
5. Any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm

“Great bodily harm means injury which creates a substantial risk of death or which causes serious permanent disfigurement or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.” WIS JI-Criminal 914 Great Bodily Harm—§ 939.22(14) (2008).

Brass knuckles meet this fifth and final category of “dangerous weapons.” After all, brass knuckles are not like tools such as hammers, baseball bats, crowbars, tire irons, etc., that have legitimate non-violent uses. Brass knuckles are designed as a force multiplier, to increase the human fist’s capacity to inflict blunt force trauma. A blow by brass knuckles to the face, skull, ribs, etc., could break bones or teeth, and thus cause “serious bodily injury/great bodily harm.” Accordingly, a comment in jury instruction 910 (on page 2), quoting the 1953 Judiciary Committee Report on the Criminal Code, states: “Things like blackjacks and brass knuckles are dangerous weapons per se. They are designed as weapons and have few, if any, lawful uses.”

Thus, brass knuckles are “dangerous weapons” and fall under the CCW statute, if carried concealed (e.g., out of ordinary view, such as in the person’s pocket, or in a vehicle).

As with the ban on minors possessing metallic knuckles, a violation of the CCW law is a class A misdemeanor (maximum nine months jail and $10,000 fine).¹⁵ However, for the civilian citizen (as expected, there are special rules for current and former peace officers), there is a key express statutory exception for CCW for those with valid CCL holders from Wisconsin or other US states (called “licensees”). But this exception applies only “if the dangerous weapon is a weapon, as defined under s. 175.60(1)(j).”¹⁶ That is the very statute cited in the summary above that defines “weapon” as only “a handgun, an electric weapon, as defined in s. 941.295(1c)(a), or a billy club.”¹⁷ Thus, a CCL is no defense to carrying any concealed weapons that qualify as “dangerous” Wis. Stat. § 939.22(10)—like brass knuckles—per beyond these three items (knives excepted¹⁸). A CCL is no free pass to carry any and all concealed weapons.