California fines Walmart $500,000 over illegal online brass knuckle sales
California June 14, 2023
Walmart will pay $500,000 to settle California authorities’ claims that the retail giant sold brass knuckles illegally in the state through its website, Attorney General Rob Bonta said Tuesday.
The Attorney General’s complaint alleges that approximately 250 products that could be classified as brass knuckles were sold through retailer’s Walmart.com website, which allows both direct sales to consumers and provides an e-commerce platform for third-party sellers. About 60% of those brass knuckles were sold directly by Walmart, and the remaining 40% by third-party sellers, the complaint alleges.
“Illegal weapons have no place in California,” Bonta said. “The settlement we have reached with Walmart makes crystal clear that online retailers are responsible for what they are allowing to be offered for sale in our state.”
The Arkansas-based retail giant said in a statement Tuesday that “while we believe our policies and procedures comply with California law and admit no liability or wrongdoing, we believe this agreement is in the best interest of all parties.”
The announcement stemmed from an investigation that began in 2018 with the Merced County District Attorney and grew to involve the state DOJ and district attorneys in Ventura and Yolo counties.
California is among 21 states that outlaw metal or brass knuckles, a type of “fist load weapon” that makes a punch more damaging. They have been used in combat and also in thefts, allowing the user to break window glass with ease while reducing risk of injury. They are legal in 12 states and allowed by permit in the rest.
“Throwing a punch with them can break bones, leave cuts,” Bonta said, “and of course, can be and have in the past been fatal… As a dad, as a husband, as a fellow Californian I’m shocked these weapons were being sold in California.”
Under California law, brass knuckles are classified as a deadly weapon, and offering them for sale is a misdemeanor. The attorney general said offering metal knuckles and other dangerous weapons for sale also violates state’s Unfair Competition Law.
Ventura District Attorney Erik Nasarenko said that “it was too easy for our investigators to make online purchases of illegal brass knuckles.”
“Walmart, and other retailers need to take a hard look at their online sales practices and ensure that they are in compliance with California law,” Nasarenko said.
Walmart will be barred from selling brass knuckles to Californians on its website, must prevent third-party sellers from selling them on its platform. The company must also try to notify California consumers who bought the weapons through its website that they are illegal and should be surrendered to authorities. The company agreed to provide a means on its website for consumers to report illegal weapons for sale.
Bonta said Walmart was cooperative.
“They were a willing and good faith partner to a solution,” Bonta said. “Once it was made known to them, they worked in good faith to get to a resolution.”