What are Collapsible Batons
A collapsible or expandable baton is a device that can be opened into a straight rod by a simple movement of the hand. There are many types of such batons, but those most commonly encountered are those that expand using a manual or spring-loading device that causes the shaft to elongate in a straight line out into a rigid rod. Generally speaking those most commonly available for sale and use by the general public are made of fiberglass, rubber, or plastic. The most common type of collapsible baton, however, is the steel straight-stick type of rod that can be sprung open by a motion of the hand.
For all intents and purposes, a collapsible baton is not much different than a steel rod that has been fashioned into a straight stick. Indeed, some manufacturers do offer collapsible metal batons which, when closed, are often no larger than a steel rod type of straight stick , but which, when opened, would be several feet long.
The use of collapsible batons is uncommon for civilians, thus the average person may not have much experience with them. Despite the fact that they may be limited in use, some states have chosen to specifically outlaw the use of these weapons as being weapons disguised as other devices. Such bans may exist even where the baton is clearly distinguishable, in its closed position, as some sort of weapon. For example, the Baton may be both closed and smooth enough in its compressed position, so that it would be difficult to distinguish from a metal club of an equal length. But as discussed in the state-by-state guide, most states do allow them as long as they are not weaponized and are used in a manner that is consistent with sporting or recreational purposes.
Federal Laws & Regulations
In the United States, federal regulations concerning collapsible batons are minimal and largely defer to state laws. As noted, there are currently no specific federal statutes or regulations that prohibit the manufacture, transportation, or ownership of collapsible batons.
However, it is important for potential owners to understand how federal regulations may interact with state laws. The federal government regulates, among other things, the importation and interstate transportation of goods. All fifty states, the District of Columbia, and US territories also regulate the sale, ownership, and transportation of collapsible batons. Some of these regulations may be more stringent than federal law, and with respect to certain types of collapsible batons, some state regulations can be proscriptive. Other state laws may also affect the ability of a person who is subject to a particular federal agency’s authority to carry a collapsible baton. For example, particular federal agencies may have specific rules in their collective bargaining agreements that affect which items can be carried by particular employees.
Northeastern States
The northeastern United States presents a varied legislative picture regarding collapsible batons. New York and New Jersey, both interspersed among positive-issue states above, prohibit the posession of baton weapons. Connecticut, further east, has permissive laws concerning the carry of batons.
New York State: New York state law, N.Y. Penal Law § 265.01(2), prohibits the possession of "any dangerous or deadly instrument or weapon with intent to use the same unlawfully against another." This section has been interpreted broadly to include collapsible batons.
New Jersey: New Jersey also bans the possession of "any blackjack, slungshot, gravity knife, switchblade knife, daggers, dirks, stiletto, metal knuckles, sandclub, cane sword, any knife having a blade of five inches or more, or any other dangerous weapon or lead weighted gloves." Although not listed in that section, collapsible batons are considered illegal weapons under N.J.S.A. 2C: 39-1(r).
Connecticut: In Connecticut, the law does not explicitly address the regulation of collapsible batons. The closest is CGS § 53-206 which applies to "substantial and weighty" objects that can be used with intent to strike another person forcefully. Unlike many other states, no restrictions exist for possession of collapsible batons in Connecticut.
Midwestern States
Illinois law covers collapsible batons as "blackjacks" by stating, "a person commits the offense of unlawful use of a weapon when he or she knowingly possesses any of the following: …(10) A black-jack, sand-club or slungshot." 625 ILCS 5/24-1(a).
The law is far less specific in Ohio, which simply says that "[n]o person shall knowingly carry or have, concealed on his or her person, or transport or have in a motor vehicle, pocket billies, sand clubs, metal knuckles, or other dangerous ordnance." R.C. § 2923.12
Collapsible batons are banned in Michigan, where it is a misdemeanor to possess "a billy, black jack or other dangerous weapon primarily designed for use as a weapon or possessed as a typical weapon." Michigan Penal Code – Act 328 of 1931, § 750.224(1).
Southern States
Like the Western states, the Southern states also distinguish between compact collapsible batons and full-length collapsible batons. In some states, such as Florida and Georgia, special permits are required for civilians to possess or use collapsible batons, which are generally off-limits to the general public in both of those states. Texas imposes no such restrictions on collapsible batons. South Carolina, Mississippi, Louisiana and Arkansas likewise impose few, if any, restrictions on compact collapsible batons, and, generally permit their use or at least possession under certain conditions. All the Southern states, with the possible exception of Florida, permit full-length collapsible batons for law enforcement and military personnel. Texas law permits the possession and use of collapsible batons. Under Texas Penal Code § 46.01(16). "club" is defined as, among other things, a "nightstick," "blackjack," "baby stick," or "blackjack." The definition of "club," however, does not include a "handgun, shotgun or rifle" (and a "self-defense mechanism," like a collapsible baton is not a "club"). Texas Penal Code § 46.01(6). In turn, Texas law permits individuals to purchase, maintain a handgun (or other weapon) to protect themselves against another’s "unlawful and violent act," outside of their home without every getting or paying for any special permit (or license). Texas Penal Code § 46.02. Thus, with a little bit of creativity, a Texas resident who does not want to pay for a handgun license, and does not want to abide by the restrictions that accompany a handgun license, could carry a collapsible baton for self-defense, provided he or she was not committing a criminal activity when confronted with an "unlawful and violent act." See Texas Penal Code § 46.02. Such a resident would, however, be precluded from carrying a collapsible baton in their vehicle absent a handgun license or other "license to carry a concealed handgun." Texas Penal Code § 46.10. Georgia law equally permits the possession and use of collapsible batons for self-defense, but only by those individuals (or their "agents") lawfully entitled to carry a concealed handgun. Georgia Code § 16-11-126 (1). Like Texas, Georgia law permits individuals to carry a concealed handgun on or about their person without a license if they have been made to fear for their safety and those of their family. Georgia Code § 16-11-128. Georgia law also permits the use of force, including deadly force (including knives), if the person reasonably believes such force is necessary for self-defense. Georgia Code §§ 16-3-20; 16-3-21. The remaining Southern states are less permissive. Both Florida and North Carolina require civilians seeking to own and carry collapsible baton, even if only for self-defense, to complete a qualification course and obtain a permit. North Carolina General Statutes § 14-269.4 (a)(1) (2); Florida Statutes § 790.06 (1)(2)(3).
Western States
The Western states are somewhat atypical in their view of collapsible batons, in that most of them do permit some form of collapsible baton open carry without requiring permits. But there are some notable exceptions, as discussed below.
Washington
As the latest state to jump on the bandwagon, Washington repealed its ban on collapsible batons in 2014. Per RCW 9.41.250, it is now legal to possess and open carry collapsible batons without a permit. Police of course may still be prohibited from carrying collapsible batons, given their carry restrictions under RCW 9.41.095. In Wallace v. City of Spokane, the Washington Supreme Court upheld RCW 10.92.020, which prohibits police officers from carrying expandable steel batons. The Court found RCW 10.92.020 narrower than the more comprehensive sections of RCW Title 9.41 governing the possession and carrying of firearms, and therefore determined RCW 10.92.020 did not violate the Preamble to the Washington Constitution, which prohibits the Legislature from restricting the rights of the people.
California
In states that restrict the carrying of any metal-collapsing baton that does not comply with all the requirements of Penal Code Section 22210 , unlawful possession of a metal-collapsing baton is a misdemeanor. As discussed previously, California law (PC § 22210) restricts the carrying of a metal collapsible baton to those that do not lock into position when fully extended, do not exceed a length of 21 inches when fully extended, do not have a diameter of more than one inch and do not have a sliding mechanism for extending and locking?based on the type of the foldable or telescoping baton.
Arizona and Oregon
Arizona and Oregon are less straightforward regarding their stance on collapsible batons. Though the carrying of collapsible batons by civilians is not expressly prohibited, they are "deadly weapons" under the law. Like most of the states that restrict the open carry of collapsible batons, the failure to comply with the strict requirements set forth under RCW 9.41.250 is illegal. It is unclear whether there are any counties in either Arizona or Oregon that do explicitly permit open carry of collapsible batons without a permit. It is therefore prudent to practice caution and ensure you’re in compliance with all county and municipal laws, especially if you plan to travel with a collapsible baton in either of these states.
State by State Analysis & Territory Laws – Use and Penalties
The legal consequences of violating collapsible baton laws can range from minor misdemeanors to serious felonies, with corresponding penalties. Generally, states will classify the possession or use of a collapsible baton as a misdemeanor, which typically carries a maximum fine and possible jail time. However, some jurisdictions may regard repeated offenses or more serious criminal history as felonies. In these jurisdictions, felonies may entail more severe jail time, heavy fines, and a permanent criminal record.
In California, for example, illegal possession of a collapsible baton is a misdemeanor under Penal Code Section 22210. The penalties for this class of misdemeanor are imprisonment for up to 6 months in the county jail, and/or a $1,000 fine. In certain circumstances, possession could also be classified as a felony (Penal Code Section 22210(b)) punishable by up to three years in prison. Certain entitles such as peace officers may be exempt for some laws regarding collapsible batons in their state.
Florida penalizes felony possession of a baton under section 790.10 of its criminal code. Individuals convicted face second-degree felony charges with a possible maximum of 15 years in prison. The local penalties may include restitution, parole, probation, supervised treatment, or community service. Individuals may also face the forfeiture of the prohibited weapon, case-by-case discretion, or must surrender the weapon in an established timeframe.
Several states have implemented reciprocity with their collapsible baton laws. North Carolina criminalizes concealed carry of a collapsible baton under its section 14-269.2. In North Carolina, carrying a concealed collapsible baton is just as severe as carrying a concealed gun. Accordingly, serious legal ramifications await individuals caught with illegal batons.
Exceptions and Special Situations
Some states, including Illinois, allow for exceptions to their prohibitions on collapsible batons. For example, Florida’s law states that it shall not be construed to invalidate or restrict the use of electronic devices by "a duly authorized law enforcement officer or criminal investigator." Similarly, Kentucky’s law applies only to "nonlethal blow weapons," such as batons, "unless used by a law enforcement agency in the performance of official duties and in accordance with a regulation or policy of that agency that ensures the proper use and safe operation of the weapon[.]" And Virginia’s law provides an exemption for ornamental reputed "Indian clubs," which are "not more than thirty inches in length and not weighing more than two pounds, made of solid wood and from a single piece of wood[.]"
Many states exempt collapsible batons so long as they are used as part of specific jobs, with security guards perhaps being the most common of those jobs. For instance, Michigan’s gun law makes an exception for collapsible batons when "used by a person who is a security guard performing [his or her] duties as a security guard."
Illinois goes a step further, stating that "[n]othing in this Section shall prohibit a peace officer, qualified retired law enforcement officer, security officer, or person licensed under the Private Detective, Private Alarm, Private Security, or Locksmith Act of 2004, from carrying a baton."
Some states differ in that a collapse baton is classified as a firearm and regulated under firearm possession laws. For example, Georgia and Tennessee both classify collapsible batons as firearms, meaning that when on school property they must be concealed or locked in a secure container, and cannot be loaded.
Staying Current
As with any type of law related to weapons or firearms, changes occur all the time. Outdated information can cost you big if you make decisions based on old laws. Although most state websites have information that is right, it is generally best to contact your local law enforcement office with any questions you have about the implement and its legality. Another place people commonly overlook when searching for up-to-date information is in their local city codes and ordinances. City governments often times have their own rules enforced upon residents. If the city you live in has an assault weapons ban , for example, chances are they also have restrictions on more common weapons like expandable batons. Any stand-alone collapsible baton resource center you may come across will be riddled throughout the internet. While some webmasters do their best to keep the information current, it is always better to seek out official law enforcement and governmental resources to guarantee you are following the letter of the law.