BILL ANALYSIS
AB 714
Page 1
Date of Hearing: April 14, 2009
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Jose Solorio, Chair
AB 714 (Feuer) - As Amended: March 27, 2009
SUMMARY : Makes the possession, manufacture, importation, or
sale of composite knuckles, as defined, a misdemeanor punishable
by up to six months in a county jail, a fine of up to $1,000, or
by both. Specifically, this bill :
1)Provides that any person that possesses, manufactures, imports
into California, or offers for sale any composite knuckles is
guilty of a misdemeanor, punishable by imprisonment in a
county jail not to exceed one year, by a fine not to exceed
$1,000, or by both imprisonment and a fine.
2)Defines "composite knuckles" as any device or instrument made
wholly or partially of composite materials, other than a
medically prescribed prosthetic, that is not a metal knuckle,
as defined, and which either protects the wearer's hand while
striking a blow or increases the force of impact from the blow
or injury to the individual receiving the blow.
3)Deletes hard plastic knuckles from the above prohibition and
replaces them with composite knuckles.
EXISTING LAW :
1)Provides that any person in California that commercially
manufactures or causes to be commercially manufactured, or who
knowingly imports into the state for commercial sale, keeps
for commercial sale, or offers or exposes for commercial sale,
any hard plastic knuckles or hard wooden knuckles, is guilty
of a misdemeanor. (Penal Code Section 12020.1.)
2)Defines "hard plastic knuckles" or "hard wooden knuckles" as
any device or instrument made wholly or partially of plastic
or of wood, composite, or paper materials that is not a metal
knuckle, as defined, which is worn for purposes of offense or
defense in or on the hand, and which either protects the
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wearer's hand while striking a blow or increases the force of
impact from the blow or injury to the individual receiving the
blow. The plastic, wood, composite or paper materials
contained in the device may help support the hand or fist,
provide a shield to protect it, or consist of projections, or
studs which would contact the individual receiving the blow.
(Penal Code Section 12020.1.)
3)Provides that any person that who manufactures, imports,
offers or exposes for sale, or possess specified dangerous
weapons, including any metal knuckles, is guilty of a crime
punishable by imprisonment in the county jail not exceeding
one year, or by imprisonment in the state prison for 16
months, 2 or 3 years. (Penal Code Section 12020.)
4) Defines "metal knuckles" as any device or instrument made
wholly or partially of metal which is worn for purposes of
offense or defense in or on the hand, and which either
protects the wearer's hand while striking a blow or increases
the force of impact from the blow or injury to the individual
receiving the blow. The metal contained in the device may
help support the hand or fist, provide a shield to protect it,
or consist of projections, or studs which would contact the
individual receiving the blow. [Penal Code Section
12020(c)(7).]
5)Provides that any person in this state that commercially
manufactures or causes to be commercially manufactured, or who
knowingly imports into the state for commercial sale, keeps
for commercial sale, or offers or expose for commercial sale,
any undetectable knife is guilty of a misdemeanor. (Penal
Code Section 12001.1.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "The current
language contained within Penal Code Section 12020 (c) (7)
that refers exclusively to 'metal knuckles' is insufficient to
protect law enforcement and other public safety officers from
similar weapons that are constructed from composite materials.
These weapons are even more dangerous than their metal or
brass counterparts because they are undetectable in metal
detectors, creating the potential for these weapons to be
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smuggled onto airplanes, into courthouses and other public
buildings, and into prisons. This bill will close the
loophole that allows these dangerous weapons to pose a threat
to law enforcement officers and the general public."
2)Argument in Support : According to the Los Angeles County
District Attorney (a co-sponsor of this bill), "Recently law
enforcement agencies throughout California and the rest of the
country have encountered a new type of weapon on the
streets-composite knuckles. Composite knuckles are very
similar to traditional brass knuckles in strength and
appearance but instead of being made out of meta they are made
from hardened composite or ballistic material such as lexan
which is the same material used by law enforcement agencies
for riot shields and bullet proof glass.
"Composite knuckles are as strong as traditional brass knuckles
and cause an equal or greater amount of damage when used to
attack another person. However unlike their brass knuckle
counterparts, composite knuckles are undetectable by metal
detectors. The manufacturers of composite knuckles proudly
and prominently display this fact in their advertisements.
"Existing law makes the commercial manufacturing, importation
into the state for commercial sale, keeping for commercial
sale, or offering or exposing for commercial sale of hard
plastic knuckles a crime in the state of California. (Penal
Code Section 12020.1) The definition of hard plastic knuckles
in Penal Code Section 12020.1 allows for the lawful possession
of composite knuckles that are equally as dangerous and more
difficult to detect than traditional metal knuckles (i.e.
brass knuckles).
"AB 714 closes this loophole by adding composite knuckles to the
list of prohibited weapons to possess under Penal Code
12020.1."
3)Prior Legislation :
a) AB 2706 (Feuer), of the 2007-08 Legislative Session, was
identical to this bill in that AB 2706 would have made the
possession, manufacture, importation, or sale of composite
knuckles a misdemeanor. AB 2706 was vetoed.
b) AB 1162 (Maldonado), Chapter 346, Statutes of 2008,
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added hard wooden knuckles to existing provisions of law
that makes it a misdemeanor to manufacture, import, or sell
any hard plastic knuckles.
REGISTERED SUPPORT / OPPOSITION :
Support
Los Angeles County District Attorney's
Office (Co-Sponsor)
Los Angeles County Sheriff's Department
(Co-Sponsor)
Association for Los Angeles Deputy Sheriffs
Butte County Sheriff
California District Attorneys Association
California Peace Officers' Association
California Police Chiefs Association
California State Sheriffs' Association
El Dorado County Sheriff
Peace Officer Research Association of California
Riverside Sheriffs' Association
Opposition
None
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744