i got arrested.. for a belt buckle.

last weekend i went camping up in the mountains by my house.driving back that morning i got pulled over by a cop on a motorcycle. he told me that he was pulling me over not because i was speeding or breaking any laws, but because one of my headlights were out. even though it was a perfectly clear morning and the sun was shining bright. then he does the usual license and registration bit and everything checks out. he comes back to my car, sticks his head in the window and asks me "do you have a physicians note for the marijuana in your car?"
"yes officer, i do." i live in california and i have my medical marijuana card. i am legally allowed to possess up to eight ounces and six plants. i give him my physicians note, medical card, and my little baggy of marijuana. he should have called my physician to make sure everything was legit, weighed my marijuana to make sure i was within legal limits, given everything back and i would have been on my way. instead, before even calling my physician, he instructs me to get out of the car and pats me down. in my jacket pocket i had a brass knuckle belt buckle that i had gotten for a birthday present. apparently in the state of california, that is a felony weapons charge. then the cop searches the rest of my car, breaking the stereo in the process. he has me jailed and the car towed. i was fortunate enough to get bailed out, but i also am a thousand dollars in debt because of that. i have court this wednesday so im sure ill be billed for all that too.
even if it wasnt on a belt. i dont see how that can be classified as a felony.

bad luck guy, he was just looking for an excuse to go you.

once any weapon is classed as "felony" you should do everything you can to not let it ever be seen by the authorities.

hindsight is 20/20 ... do you hate the fine more? or the fact you lost your belt buckle?

I agree that it ws just a way to hassle you. This is what I found on the subject:

"California penal code 12020 (a) states that it is illegal to own, carry, or manufacture brass knuckles. It is also illegal to import, sell, keep for sale, lend or give brass knuckles to another person within California. Those found in violation of penal code 12020 (a) are subject to no more than one year in county jail. Those who are caught selling brass knuckles can face up to three years in California state prison"

Good luck to you

reply to post by tweakedvisions


Sorry to hear you got arrested for that. California is very strict on old school gansta weapons like butterfly knifes, switch blades, black jacks, nunchucks, brass knuckles, etc. You are not allowed to own any of those even if they never leave your home.

You may be able to turn this into a misdemeanor if you play your cards right.

Find out what exactly the object is made out of. This will determine if you fall under Penal Code section 12020 or if 12020.1 applies instead. 12020.1 is a misdemeanor rather than a felony.

Be careful. Keep in mind that an arrest or charges filed isn’t necessarily the end of the story. There can be search issues, Miranda violations or other legal and factual defenses available to you that can only be discovered after a thorough review of the facts.

A good source for more information.
Orange County DA - Joe Dane

Also please review this official source to find out the laws written for California.
CA.GOV Source 12020

I hope you receive justice man

was it a functional brass knuckle or a decorative type.

sounds to me like whether or not you were wearing it, it still a brass knuckle.
How would wearing it make it not a brass knuckle?
maybe it would have been unnoticed had you been wearing it though.

reply to post by okamitengu


i had no idea it was a felony! i can legally own a shotgun, but not a belt buckle? the whole situation just irritates me. having to spend time locked up in a jail cell and all the fees i have to pay. and i still have to go to court. the whole thing will probably get dropped but the state still gets money. i guess crime really does pay

And if you want my opinion on the matter. I find it deplorable that a piece of metal is illegal just because it's shaped perfectly to punch with.

I think the 2nd Amendment actually is meant to protect the right to brass knuckles without regulation.

I just cannot envision brass knuckles being a big deal when we have handguns floating around everywhere.

Brass Knuckles should be 100% legal.

Well, if they aren't really brass knuckles, meaning they can not be used like brass knuckles, then you have nothing to worry about since you can defend yourself in court. However, if they are brass knuckles being used as a belt buckle then they are brass knuckles and you are a criminal.

Originally posted by rebeldog
was it a functional brass knuckle or a decorative type.

it was functional both as a belt buckle and as brass knuckles. and im sure that even if they were functioning as a belt buckle at the time, he would have just gotten me for a concealed weapon.

If you can prove that the object was a belt buckle instead of useable brass knuckles, you should be right. Would the Brass Knuckles have fit on your hand?

reply to post by RestingInPieces


so, because i had in my possession what muzzleflash described as a piece of metal 'shaped perfectly to punch with' i should now be classified as a felon? even though i can hardly smush a bug without feeling sad about it later, i should be considered dangerous?

makes sense to me.

My question to you is--Did the person who gave you the brass knuckles as a "present",hand them to you without a box or bag?If it came from a store,it would have a box.Lets be real here,i was born at night but not last night.Just pay off the fine in small payments ,youll be fine.

It can be a felony because a lawmaker made a law making it a felony and the governor signed the law. The nature of the so-called crime has nothing to do with its classification. Logic also has nothing to do with the law. It sucks, but that's what happens when lawyers write laws.

Just claim the brass knuckle duster is a fashion accessory, that's what I did with my gold mac 10....and 5 years later guess who's back on the streets.

Put yourself in the cops position.You pull over some guy with no headlight,and he has weed and brass knuckles on him.You almost leave him no choice but to fine you.

reply to post by brindle


it was given to me still in the original packaging, which stated that it was to be used as a belt buckle.

marijuana which under california law i am legally allowed to posses. also, it was daytime. why does it matter if a headlight was out?

im not worried about the fines as much as the possibility of me being classified a felon. if im classified as a felon.. goodbye voting, goodbye guns.

Originally posted by tweakedvisions
reply to post by RestingInPieces

 

so, because i had in my possession what muzzleflash described as a piece of metal 'shaped perfectly to punch with' i should now be classified as a felon? even though i can hardly smush a bug without feeling sad about it later, i should be considered dangerous?

makes sense to me.

I guess that will be your defense when you are standing in front of the judge then?

Originally posted by tweakedvisions
reply to post by brindle

 

it was given to me still in the original packaging, which stated that it was to be used as a belt buckle.

I guees the next question is,why would somebody want to wear brass knucles as a fashion statement.It sounds so uncomfortable to wear twisted steel down by your package,if you get me?