An Introduction to Baton Laws
Expandable batons, also known as collapsible billy clubs and telescopic batons, are retractable weapons commonly used by law enforcement agencies and security personnel for self-defense and crowd control purposes. Comprised of a grip and a metal sleeve that extends outward, expandables offer a more compact option for law enforcement officers who want to conceal their weapons until an emergency arises. Expandable batons are popular because they can provide a non-lethal option that may subdue a suspect while also reducing the risk of unwanted fatalities.
However, when it comes to legal ownership and carry, the issue of expandable batons isn’t so clear-cut. Each state has its own regulations in this regard, and even municipalities within certain states may enact local laws limiting or prohibiting their possession. Moreover, there is no federal law regulating expandable batons, allowing states to adopt their own rules and enforcement procedures. From a legal perspective, this makes sense , because the same expandable baton may be considered illegal in one area but perfectly legal in another. As laws evolve and expand, so do circuits of liability for both pocket carry and open carry.
For example, some states classify expandable batons as dangerous weapons and have adopted battery laws and/or weapons statutes that specifically mention expandable batons. Some of these states consider expandable batons as deadly weapons, while others consider them deadly weapons in certain circumstances but not all. In contrast, there are nine states where batons of any kind are completely legal to own and carry.
Since it’s vital to have a nuanced understanding of the law before deciding whether to buy, sell, carry or use an expandable baton, we’ve compiled a state-by-state breakdown outlining the laws for expandable batons in each respective state. It’s worth noting, however, that the law is constantly changing and sometimes is subject to various interpretations. As a result, it’s recommended to consult local jurisdictions regarding laws regulating expandable batons.
Federal v. State Law
There is a patchwork of different laws in many states and cities regarding the possession of expandable batons. The Federal government does not regulate collapsible straight batons, impact weapons or expandable batons. However, federal law does preempt the state in the following areas: There has been a growing trend in state regulations of concealed weapon carry. Therefore, those that wish to carry an expandable baton must be aware of the gun laws of the state in which they reside. The Gun Control Act of 1968 provides a good framework for determining the legality of expandable batons and impact weapons: (a) (1) It shall be unlawful for any person- (A) to manufacture or make any firearm in violation of the regulations prescribed under the authority of this chapter; or (B) to import or bring into the United States any firearm or ammunition contrary to the provisions of importation regulations promulgated by the Secretary of the Treasury; (2) No person shall transfer, sell, lend, give, transport, or deliver any firearm or ammunition to any person, or receive any firearm or ammunition from any person, in violation of the provisions of this chapter or regulations thereunder. (b) (1) It shall be unlawful for any person- (A) to purchase or receive any firearm or ammunition in violation of the provisions of this chapter or regulations thereunder; or (B) to possess, ship, use, wear, furnish, or identify any firearm or ammunition in violation of the provisions of this chapter or regulations thereunder. (2) No person shall receive or possess firearms or ammunition shipped or transported in interstate or foreign commerce in violation of section 5861(d), 5861(e), or 5861(f) of this title. (c) Penalties. Whoever knowingly violates subsection (a) of this section shall be fined as provided in section 924(a)(2), and whoever knowingly violates subsection (b) of this section shall be fined under this title, imprisoned not more than ten years, or both. Certain federal agencies have regulations regarding the possession of nightsticks, black jacks, sand clubs, metal and fiberglass extendable batons, and telescoping steel batons. Title 15 Chapter 29 of the US Code of Federal Regulations currently prohibits possession of extendable blackjacks, nightsticks, and clubs. However, many of these laws are no longer enforced.
States Where Batons Areet Permitted
Five states strictly allow the carry of expandable batons. These states are:
Alaska – An expandable baton may be lawfully carried, concealed or otherwise, as long as it does not under state law qualify as a "club."
Arizona – An expandable baton is a "nunchaku." A nunchaku, which can also be spelled nuchaku, is a "deadly weapon" under Arizona law but "not a prohibited weapon."
Vermont – An expandable baton is not a prohibited weapon in Vermont, nor is it a club.
North Carolina – An expandable baton is a "straight baton." It is not considered a weapon "of any kind." It is lawful to carry or possess a straight baton, and its possession is not restricted under North Carolina law.
Florida – An expandable baton is a "nightstick." A "nightstick" is an "electrified stun gun" not designed for "recreational or sporting use." As such an item, an electrified stun stick may be lawfully carried or possessed.
States Where Batons Are Limitedly Allowed
Certain states have restrictions when it comes to expandables. Here are those states and a description of the tough restrictions that apply to the ownership and/or carrying of these weapons. There are also penalties for violations.
NEW YORK
In New York, it is illegal for a person to possess any expandable baton with a "slip on, spring loaded, or other retractable type blade that is released by a mechanical contrivance." It is also illegal to modify such baton, switchblade knife, or knife to make them more dangerous. Penalty = Misdemeanor
ALASKA
The laws in Alaska are somewhat confusing. Under Alaska Statutes 11.61.220, it is illegal to carry a deadly weapon. Although an expandable baton is listed as a deadly weapon, there are exceptions to this law. Specifically, weapons may be carried if you are using them for educational purposes, traveling. Penalty = Misdemeanor.
HAWAII
Hawaii Revised Statutes 134-51 makes it illegal to sell, barter, trade, give, transfer or lend any katana, tanto, or tanto and any "other sword, dagger, sword cane or ice pick." It is also illegal to carry a deadly weapon or firearm. Penalty = Misdemeanor.
Maine
Under Maine Revised Statutes Title 17-A, Chapter 5: Section 1063, it is illegal to possess or carry any baton which is not "ordinarily carried by a person as a normal tool of a profession, occupation or hobby." Penalty = Misdemeanor
NEW JERSEY
Under New Jersey statutes § 2C:39-1, a "cosmetic or simulative deadly weapon" is defined here. Under the same, it is illegal to possess a ‘simulated’ expandable baton. Penalty = Misdemeanor
Penalties for Breaking Baton Laws
As with all weapon laws, state laws regarding expandable batons dictate stiff fines, incarceration, or both. If you own an expandable baton and live in a jurisdiction where they are illegal, you have to decide whether your fly trip to that state is worth the risk of being caught. Here is a brief list of punishments one can receive:
Pennsylvania: If you are caught carrying an expandable baton, even if it is not concealed, you can be charged with a first-degree misdemeanor punishable by up to five years in jail and a $10,000 fine. If you have a license to carry a concealed weapon, that license will be revoked.
New Jersey: The unlawful possession of a billy club, such as a nightstick or expandable baton, is a second-degree offense. Second-degree crimes carry a penalty of between 5 and 10 years in prison and a fine of $150,000. Typically, however, second degree crimes are pled down to a third-degree offense. A third-degree offense is punishable by between 3 and 5 years in prison, and a fine of $15,000. There is no process for a permit to be granted for a billy club in New Jersey .
New York: The felony charge for possession of an expandable baton is defined as Criminal Possession of a Weapon in the Third Degree (N.Y. Penal Law § 265.02(4)). A person convicted of this crime is guilty of a Class D felony. As a result, they may sell or transport an expandable baton, or other gravity knife, switchblade knife, dagger, dirk, razor, stiletto or other dangerous knife, can be punishable for a term of 2 to 7 years of imprisonment. A person who has prior felony convictions related to criminal possession of a weapon (or other designated drug offenses), may be offered the chance to enter a plea bargain. This will sometimes bring the charge down to a Class E felony. The criminal charge of possession of a weapon in the 3rd degree is often subject to a reduction down to a misdemeanor in exchange for probation.
Illinois: If you are caught carrying an expandable baton, stun gun or taser, or other illegal weapon, you are guilty of a Class 4 felony punishable by 1 to 3 years in prison and a fine of $25,000.
Self-Defense and Batons
Expandable batons, particularly those with a spring-loaded "power button", are often associated with self-defense. Individuals who are unfamiliar with weapons think of expanding batons as stun guns, believing they cannot be used to cause serious injury to an assailant. But while marshalling the full power of a baton is much easier than using a knife or gun for self-defense, its use will still be governed by the self-defense law of a particular state.
Several axiomatic customs determine when you can use a baton against a potential attacker or when you may not. First, self-defense law typically allows the use of force only when necessary to defend oneself. In other words, the force must be immediate, and it must be proportional to the threat. If a baton can be legally deployed in self-defense, the permissible uses may include targeting the head, neck, and torso of an assailant. The back, lower extremities, and abdomen, on the other hand, are generally prohibited target areas.
Second, according to the duty to retreat, you are only allowed to use force when you have no way to avoid being attacked or no safe place to run. In some states, you are even required to flee before defending yourself from an attacker unless the circumstances are such that going outside could put you at risk of being assaulted where you fled. The purposes of requiring a duty to retreat are to prevent deadly force, such as a baton strike to the skull, and to avoid using a weapon in lieu of escaping danger.
A person typically has no duty to retreat in their own home or to go outside when faced with a threat. However, the duty to retreat may not apply if you feel delayed access to private property.
How to Keep Updated and Make Sure You’re in Compliance
In the world of personal safety, knowing your local laws can be a life or death matter. Expandable batons are a popular self-defense tool that, like many self-defense weapons, straddle a fine line between weapon and tool. The legal status of collapsible batons varies from state to state, so it’s critical that you maintain an awareness of your local law. State laws also change over time and, with nine states allowing collapsible booby traps such as monkey fists, it’s clear that the fight is still ongoing. How can you stay on top of what’s allowed where?
First, keep a close eye on your state legislature. Your state representatives are supposed to be on the lookout for this kind of thing, but they’re busy people, and they can’t be expected to catch everything. If you notice an interesting legal discussion in your state legislature, shoot them a tweet or Facebook message to call their attention to the issue and ask for their position.
Next, follow the press releases from your local police, sheriff’s department, or other law enforcement agency. This is probably the easiest way to get a read on the status of the law if you’re in unfamiliar surroundings. If they’re worried about something, it’s likely that you should be, too—and you might want to ask for clarification. For example, Oakland County Sheriff Mike Bouchard gave a formal statement regarding collapsible batons in December 2012, saying that they were illegal to possess and carry in the state of Michigan, but that they were still legal to own. He infuriated the self-defense community!
After you’ve tried these, check your state legal codes. Most states have their laws available online, which makes it convenient for you to reference them in a hurry. You can find a complete list of state gun codes here, but if you can’t find a particular type, you should use a specific search like "collapsible baton" or "expandable baton" to see if your state mentions it specifically. Pay close attention to what the law actually says—many state gun codes mention "clubs" and "bludgeons," and like clubs and batons, collapsible batons are all bludgeons. It’s also critical that you interpret the law optimistically. Do you own a sword cane? Is it a club or a cane? If there’s any ambiguity whatsoever, it’s best to err on the side of caution and assume the worst.
Like any good self-defense precaution, the best course of action is to think ahead before there’s a problem. While it may seem like a hassle, your future self will thank you for taking a minute up front to make sure you’re in compliance with the law in your state—and maintain a level of awareness that allows you to protect yourself and your family.
Conclusion and Takeaways
The legality of carrying expandable batons varies from state to state, making it critical for anyone planning to carry one to be well-versed in local laws. The information provided in this guide is a useful starting point, but it is by no means exhaustive or definitive. Laws frequently change, and court interpretations of statutes may produce differing results. Always consult a licensed attorney in your area for personalized legal advice based on the most current and accurate information.
With that being said, a few of the key takeaways regarding expandable batons by state include:
- Most states permit the carrying of expandable batons in public, but a few, like California, prohibit their concealed carry and sales.
- Some states require specific permits or licenses to carry batons, such as Connecticut and Wisconsin.
- Restrictions may vary for minors and non-residents.
- Expandable batons may be prohibited in certain locations within states that otherwise permit their carry, like Ohio and Pennsylvania, which ban them in schools.
- Non-lethal weapons, including expandable batons, are often not considered deadly weapons but may still be classified as assault tools.
- Carrying an expandable baton for self-defense can be construed as carrying a "deadly weapon" in some jurisdictions.
- Carrying batons in vehicle centers can be legal or illegal depending on the state, so always check for local restrictions .
- Some states have unique definitions or exemptions for batons, like Arizona and New Jersey.
- What distinguishes batons as "weapons" and "clubs" can affect how they are treated under the law.
- Deploying a baton against another person can lead to serious criminal charges.
Penal Code 22210 sets the offense of carrying a "billy, nightstick, telescopic metal, or other metal or telescopic batons" as a misdemeanor. It also prohibits the offer to sell these items, unless the seller possesses a valid license such as those issued to officers or employees of the state or certain public agencies.
Even when carrying batons is legal, using them to assault someone can result in criminal charges ranging from aggravated assault with a deadly weapon to murder. Therefore, understanding the nuances of state laws on extendable batons is essential for self-defense.
In conclusion, this guide on Expandable Baton Laws by State serves as a valuable resource for anyone considering carrying such a weapon. The applicability of the laws discussed in this article to specific factual situations is uncertain. The information provided is intended solely for general educational purposes. As such, before relying on the information contained in this document, you should consult legal counsel in your area or jurisdiction.