Brass Knuckles

What is the name of your state (only U.S. law)? New York
My question involves criminal law for the state of: New York

Hi,
We were at a swim meet in Brooklyn and they had metal detectors at the school. One of the guys on my swim team had a belt with metal shaped as brass knuckles and the security guards stopped him. They arrested him, put him in handcuffs, and called in a lieutenant. He was in the precinct for a while before his parents picked him up.

He has no prior offenses. He is 17 years old which means that he is no longer a juvenille in New York. There was no intent or anything. He didn't talk back, he just sat there and cooperated. Our school has 0 criminal history and we're one of the most elite schools in the country, if that counts for anything.

They gave him a summons to court.

Can anyone please tell me what kind of charges he might get? We're all really worried about him.

Thanks. I would really appreciate any help any one can give.

Thank you again

§ 265.01 Criminal possession of a weapon in the fourth degree.
A person is guilty of criminal possession of a weapon in the fourth
degree when:
(1) He possesses any firearm, electronic dart gun, electronic stun
gun, gravity knife, switchblade knife, pilum ballistic knife, metal
knuckle knife, cane sword, billy, blackjack, bludgeon, metal knuckles,
chuka stick, sand bag, sandclub, wrist-brace type slingshot or
slungshot, shirken or "Kung Fu star"; or
(2) He possesses any dagger, dangerous knife, dirk, razor, stiletto,
imitation pistol, or any other dangerous or deadly instrument or weapon
with intent to use the same unlawfully against another; or
(3) He or she knowingly has in his or her possession a rifle, shotgun
or firearm in or upon a building or grounds, used for educational
purposes, of any school, college or university, except the forestry
lands, wherever located, owned and maintained by the State University of
New York college of environmental science and forestry, or upon a school
bus as defined in section one hundred forty-two of the vehicle and
traffic law, without the written authorization of such educational
institution;

Criminal possession of a weapon in the fourth degree is a class A
misdemeanor.

Was it a set of brass knuckles? Or was it a belt buckle in the novelty shape of brass knuckles?

InsaneJane said:

Was it a set of brass knuckles? Or was it a belt buckle in the novelty shape of brass knuckles?

Click to expand...

When hit in the mouth with either one, please explain what difference it would make? It doesn't matter if the aggressor's pants fall down, your still going to loose teeth if your on the receiving end.
The fact that they were being brought into a rival school, where metal detectors are in place for the specific purpose of locating weapons being smuggled into the school, doesn't have the OP or his intentions looking so innocent.

I have a .45 caliber wood drill that's disguised as a Colt gold cup, but I wouldn't be bringing it to shop class.

Or if I attach my Glock to my belt, that doesn't mean I can walk around midtown with it.

You Are Guilty said:

Or if I attach my Glock to my belt, that doesn't mean I can walk around midtown with it.

Click to expand...

Well, if you have the right piece of paper in your wallet, you can.

Originally Posted by InsaneJane
Was it a set of brass knuckles? Or was it a belt buckle in the novelty shape of brass knuckles?

Click to expand...

outonbail said:

When hit in the mouth with either one, please explain what difference it would make? It doesn't matter ...

Click to expand...

I asked because it makes a world of difference in J Court. The Judge is going to have to make a determination as to whether it's use is a weapon or a novelty belt buckle.
I've seen belt buckles that had detachable brass knuckles, and I've seen belt buckles that had novelty brass knuckles that you couldn't possibly put your fingers into and aren't readibally detatchable from the belt.

That's why I asked.

No more flames please.

InsaneJane said:

I asked because it makes a world of difference in J Court. The Judge is going to have to make a determination as to whether it's use is a weapon or a novelty belt buckle.
I've seen belt buckles that had detachable brass knuckles, and I've seen belt buckles that had novelty brass knuckles that you couldn't possibly put your fingers into and aren't readibally detatchable from the belt.

That's why I asked.

No more flames please.

Click to expand...

This point is absolutely correct.

The bottom line is, either the kid did have the weapon or the school is pulling out some zero tolerance BS over nothing.

ALSO

The school crime rate and the kid not talking back have nothing to do with nothing.

The kid could be from the school in "The Principal" and could have told the officer he was a lazy bald loser and to suck his prep school penis. It doesn't matter.

I'd like to think that any prudent DA wouldn't file charges over a belt buckle that is simply a belt buckle, no matter what it depicts. I've seen many belt buckles that look like a horse but I think it would be ridiculous to claim some kid was smuggling a horse into the school.

Any DA who would file charges on someone over a belt buckle that can serve no purpose other than holding your pants up, is simply wasting taxpayer's money. Where would such stupidity stop? Would snake skin boots be considered reptiles?

What about the girls that wear nylons, they may be thinking about putting them over their head to rob the cafeteria?

Maybe the schools need to do away with these metal detectors and install stupid detectors? Be far less overcrowding in the classrooms. Probably be less teachers as well,,,,