Retractable Baton Laws

Weapons laws exist to protect the public.

Retractable batons are weapons primarily used for protection, They function by extending from an approximately 6-inch size to up to 24 inches. Also called clubs, billy clubs or blackjacks, retractable batons are regulated in some areas of the United States due to their classification as a weapon. In almost all areas, the use of retractable batons in a crime is a serious offense. If you are thinking about purchasing a retractable baton, check with a lawyer or baton dealer to determine local statutes that apply to possession.

Illegality

In some states, retractable batons are illegal. These states include California, New York and Pennsylvania, as well as the District of Columbia. In Pennsylvania, if you can prove that the baton is a curio (collector's item) or for use in a play or some other legitimate reason that doesn't use it as a weapon, then possession is legal. Proof may include pictures of the performance the baton was used in, or a display stand that exhibits it as a curio. Unlike many other states, Pennsylvania classifies possession of a baton as a misdemeanor instead of a felony.

Carrying

In Massachusetts and Texas, it isn't illegal to own a retractable baton, but it is illegal to carry one on your person or in your car. In Texas, it is a misdemeanor to carry a baton unless you are at, or near, a liquor store. These states view the baton as a weapon that is appropriate for protection but don't promote carrying unlicensed weapons in public places.

Assault

In almost all states, assault becomes aggravated assault or assault with a deadly weapon when a baton is used. Assault is an attempt to cause someone harm using violence. In some places, this can be classified as a felony and has penalties that range from 13 months to 10 years in prison. Often, assault with a deadly weapon carries a strict penalty, even if the victim wasn't seriously injured. The reason is that the law considers the attempt to cause someone great harm as a threat to the public.

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