Legality of buying and carrying an extenable baton

2SAM22 · Feb 15, 2011

BenL said:
That's exactly what I needed to know.

Good. Essentially you want to flex it a few times and it will become loose. Problem is when striking something :innocent0

with it, it can come loose too so be careful.
If I were to choose what I could carry it wouldn't be with the friction lock, it would be the auto-lock version.

Also, a longer baton is better IMHO. More tip speed is a good thing. (Quiet JoppaJ

)

parashootman · Feb 15, 2011

If you live or work in Montgomery Co., anything you use to protect yourself or your family is punishable by death!

2SAM22 · Feb 15, 2011

parashootman said:
If you live or work in Montgomery Co., anything you use to protect yourself or your family is punishable by death!

Police have a saying. "Better tried by 12 than carried by 6." Not that I'm recommending you do anything illegal.

boss66tcode · Feb 16, 2011

If you are going to carry one, you should get some training with it too. Weapons retention is crucial. You need to make sure you can defend it and id doesn't wind up in their hands.

This may sound harsh, but you shouldn't carry it if you can't defend against it being taken from you.

Bohlieve410 · Mar 5, 2011

I believe it's legal if it's unconcealed (holstered in plain view) and you don't mention it's use for "self defense". Could be wrong.

Have you thought about a nice assisted opening folder? I've never had problems with carrying my Kershaw or Zero Tolerance folders. Was arrested with my knife (.03 DUI lol, charges dropped) and even had it me today when a woman hit my girlfriends car. With some training it could be very good for utility purposes.

Believe PLAIN VIEW is the most important aspect with baton/blade regards. Kershaws have belt clips.

robdiao · Mar 14, 2011

I just leave a Gerber Hatchet behind the seat of my truck. I also have a felling wedge, so its not back there as a weapon, but if I get real scared I may happen to remember its back there and grab it.

http://www.amazon.com/Gerber-22-41420-Gator-Combo-Axe/dp/B000C0RKYM/ref=sr_1_1?ie=UTF8&qid=1300139272&sr=8-1

jdramsey · Mar 14, 2011

Inigoes said:
As of today, there are no state laws to prohibit a purchase of a baton.

I dare you to prove me wrong. Winner will receive a $25 gift certificate to an IP of your choice or MSI.

I think you can buy them, but the OP wants to buy and "Carry" it.

So speaking to the Carry portion of his inquiry.

Prohibited
(c)(1) A person may not wear or carry a dangerous weapon of any kind concealed on or about the person.
(2) A person may not wear or carry a dangerous weapon, chemical mace, pepper mace, or a tear gas device openly with the intent or purpose of injuring an individual in an unlawful manner.

abean4187 · Nov 5, 2013

This question was never really answered. Most likely because MD weapon laws are designed to discourage legal/constitutional weapon carry via law vagueness. Still, this was the best I could find.

http://wiki.answers.com/Q/Is_it_legal_to_carry_an_expandable_baton_in_Maryland

“It is not explicitly legal or illegal, and could be either, as several factors are involved.

In Maryland, the non-firearm weapon law Title 4-101 makes it illegal to carry a "dangerous weapon" concealed. It is not illegal to carry a "dangerous weapon" openly unless it is carried with intent of harming another person in an unlawful manner, or if the person is under 18, it is after sunset, and said person lives in one of several counties in MD.

The tricky part is if a baton counts as a "dangerous weapon" at all. The law defines it as including a "dirk knife, bowie knife, switchblade knife, star knife, sandclub, metal knuckles, razor, and nunchaku." Notice nothing resembling a baton is included in that. However, the definition does not limit itself to those named weapons, as it can be applied to almost anything. In practice though, the object has to be used in a criminal manner or there must be some sign of criminal intent. There are a couple of reasons for this:
1. "Dangerous weapon" is a vague term and thus could be ruled unconstitutionally vague by a court of law if the person was tried.
2. The law contains an exception for people who "carries the weapon as a reasonable precaution against apprehended danger." In other words, for purposes of self-defense.
3. A baton is designed to be a less-than-lethal device used to subdue rather than kill.

Therefore, the legality of carrying a baton concealed is based on the carrier's intent and the circumstances it is discovered by a police officer. A well-kept person of good moral character would likely never attract a police officer's attention in the first place, and if he or she happens to use a baton to fight off a mugger, they would likely not be prosecuted. Whereas a seedy individual with a criminal record who is caught loitering in a bad part of town might face arrest for carrying a weapon.”

This topic is 2 years old at this point so I am curious as to if anyone has any new information on this topic?

TwinTurboDiesel · Nov 5, 2013

I picked up an extendable baton at work last week. Must have fell out of a drivers truck at the dump off pile..... I put it in the scale house. He has one week to claim it. Then it becomes mine.

He must had been using it as a tire thumper the end has a little wave too it but doesn't effect the operation.

Sent from my DROID RAZR using Tapatalk

John from MD · Nov 5, 2013

boss66tcode said:
If you are going to carry one, you should get some training with it too. Weapons retention is crucial. You need to make sure you can defend it and id doesn't wind up in their hands.

This may sound harsh, but you shouldn't carry it if you can't defend against it being taken from you.

I seem to remember an 8hr training session to be certified in the use of the ASP. I could be wrong, memory you know. :rolleyes:

Fodder4Thought · Nov 5, 2013

Memory is the first to go, they say.

John from MD · Nov 5, 2013

Fodder4Thought said:
Memory is the first to go, they say.

They lie, my hearing went first. :lol2:

Fodder4Thought · Nov 5, 2013

WHAT? SPEAK UP!

boss66tcode · Nov 5, 2013

John from MD said:
I seem to remember an 8hr training session to be certified in the use of the ASP. I could be wrong, memory you know.

Wow, holy thread resurrection Batman...anyhow, yes, that amount of training sounds correct if I recall correctly, I haven't been a certified instructor in awhile now.

Lawyer56 · Nov 5, 2013

NOT INTENDED AS LEGAL ADVICE:

§ 4-101. Dangerous weapons

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Nunchaku" means a device constructed of two pieces of any substance, including wood, metal, or plastic, connected by any chain, rope, leather, or other flexible material not exceeding 24 inches in length.

(3) (i) "Pepper mace" means an aerosol propelled combination of highly disabling irritant pepper-based products.

(ii) "Pepper mace" is also known as oleoresin capsicum (o.c.) spray.

(4) "Star knife" means a device used as a throwing weapon, consisting of several sharp or pointed blades arrayed as radially disposed arms about a central disk.

(5) (i) "Weapon" includes a dirk knife, bowie knife, switchblade knife, star knife, sandclub, metal knuckles, razor, and nunchaku.

(ii) "Weapon" does not include:

1. a handgun; or

2. a penknife without a switchblade.

(b) Exceptions for certain individuals. -- This section does not prohibit the following individuals from carrying a weapon:

(1) an officer of the State, or of any county or municipal corporation of the State, who is entitled or required to carry the weapon as part of the officer's official equipment, or by any conservator of the peace, who is entitled or required to carry the weapon as part of the conservator's official equipment, or by any officer or conservator of the peace of another state who is temporarily in this State;

(2) a special agent of a railroad;

(3) a holder of a permit to carry a handgun issued under Title 5, Subtitle 3 of the Public Safety Article; or

(4) an individual who carries the weapon as a reasonable precaution against apprehended danger, subject to the right of the court in an action arising under this section to judge the reasonableness of the carrying of the weapon, and the proper occasion for carrying it, under the evidence in the case.

(c) Prohibited. --

(1) A person may not wear or carry a dangerous weapon of any kind concealed on or about the person.

(2) A person may not wear or carry a dangerous weapon, chemical mace, pepper mace, or a tear gas device openly with the intent or purpose of injuring an individual in an unlawful manner.

(3) (i) This paragraph applies in Anne Arundel County, Baltimore County, Caroline County, Cecil County, Harford County, Kent County, Montgomery County, Prince George's County, St. Mary's County, Talbot County, Washington County, and Worcester County.

(ii) A minor may not carry a dangerous weapon between 1 hour after sunset and 1 hour before sunrise, whether concealed or not, except while:

1. on a bona fide hunting trip; or

2. engaged in or on the way to or returning from a bona fide trap shoot, sport shooting event, or any organized civic or military activity.

(d) Penalties. --

(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $ 1,000 or both.

(2) For a person convicted under subsection (c)(1) or (2) of this section, if it appears from the evidence that the weapon was carried, concealed or openly, with the deliberate purpose of injuring or killing another, the court shall impose the highest sentence of imprisonment prescribed.

sgt23preston · Nov 5, 2013

haoleboy said:
Its legal till you get caught.

Sgt Preston here...

I keep one in my truck, one at my business (plus a machete) & one at home...

IF I need to use them I will & will deal with the consequences afterwards...

Chances are I won't kill anyone with them, BUT I plan to end their attack...

I bought them legally at local gun shows...

I do NOT recommend carrying them on your person, that is a different issue...

Lawyer56 · Nov 5, 2013

"Based on the previous cases concerning dangerous or deadly weapons, we developed three objective tests, only one of which need be satisfied, to determine that an object used during the commission of a robbery was a dangerous or deadly weapon:
[F]or an instrument to qualify as a dangerous or deadly weapon under § 488,
the instrument must be (1) designed as “‘anything used or designed to be used
in destroying, defeating, or injuring an enemy, or as an instrument of offensive
or defensive combat,’” Bennett [v. State], 237 Md. [212,] 214-215, 205 A.2d
[393,] 394 [(1964)]; (2) under the circumstances of the case, immediately
useable to inflict serious or deadly harm (e.g., unloaded gun or starter’s pistol
useable as a bludgeon); or (3) actually used in a way likely to inflict that sort
of harm (e.g., microphone cord used as a garrote)."

"It is for the trial court to determine initially, as a matter of law, whether an object can
be considered a deadly or dangerous weapon under any of the Brooks categories. If the trial court is satisfied that an object can fit into any of the Brooks tests, then the trier of fact is left to determine whether the criminal use of a deadly or dangerous weapon, actually occurred."

"The issue of whether an object not dangerous or deadly per se may nevertheless be
usable in a dangerous and deadly manner is a matter of law for the court to determine. The issue of whether use of the object in the particular way in which the State alleges it to have been used constitutes the commission of a crime, e.g., robbery with a deadly or dangerous weapon, is also a matter of law for the court to determine. An example of how a trial court might perform this duty could be an instruction informing the jury that if a particular object is used in a particular way, it is being used as a dangerous or deadly weapon for the purpose of whatever criminal statute or offense is at issue.
The issue for the trier of fact is whether the evidence supports, beyond a reasonable
doubt, that the facts alleged by the State have happened. If the objects are not susceptible of being used as deadly or dangerous weapons, or if the alleged facts, if true, do not constitute the commission of the crime charged, the trial court, upon proper motion, should dismiss or grant an acquittal of that charge. Only if the
objects are, or are susceptible to being, dangerous or deadly weapons, and only if the facts alleged and the evidence in support thereof would permit, as a matter of law, a finding that the particular crime has been committed, should the jury normally be permitted to determine whether those facts did occur."

G20 · Nov 6, 2013

Lawyer56 said:
NOT INTENDED AS LEGAL ADVICE:

§ 4-101. Dangerous weapons

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Nunchaku" means a device constructed of two pieces of any substance, including wood, metal, or plastic, connected by any chain, rope, leather, or other flexible material not exceeding 24 inches in length.

(3) (i) "Pepper mace" means an aerosol propelled combination of highly disabling irritant pepper-based products.

(ii) "Pepper mace" is also known as oleoresin capsicum (o.c.) spray.

(4) "Star knife" means a device used as a throwing weapon, consisting of several sharp or pointed blades arrayed as radially disposed arms about a central disk.

(5) (i) "Weapon" includes a dirk knife, bowie knife, switchblade knife, star knife, sandclub, metal knuckles, razor, and nunchaku.

(ii) "Weapon" does not include:

1. a handgun; or

2. a penknife without a switchblade.

(b) Exceptions for certain individuals. -- This section does not prohibit the following individuals from carrying a weapon:

(1) an officer of the State, or of any county or municipal corporation of the State, who is entitled or required to carry the weapon as part of the officer's official equipment, or by any conservator of the peace, who is entitled or required to carry the weapon as part of the conservator's official equipment, or by any officer or conservator of the peace of another state who is temporarily in this State;

(2) a special agent of a railroad;

(3) a holder of a permit to carry a handgun issued under Title 5, Subtitle 3 of the Public Safety Article; or

(4) an individual who carries the weapon as a reasonable precaution against apprehended danger, subject to the right of the court in an action arising under this section to judge the reasonableness of the carrying of the weapon, and the proper occasion for carrying it, under the evidence in the case.

(c) Prohibited. --

(1) A person may not wear or carry a dangerous weapon of any kind concealed on or about the person.

(2) A person may not wear or carry a dangerous weapon, chemical mace, pepper mace, or a tear gas device openly with the intent or purpose of injuring an individual in an unlawful manner.

(3) (i) This paragraph applies in Anne Arundel County, Baltimore County, Caroline County, Cecil County, Harford County, Kent County, Montgomery County, Prince George's County, St. Mary's County, Talbot County, Washington County, and Worcester County.

(ii) A minor may not carry a dangerous weapon between 1 hour after sunset and 1 hour before sunrise, whether concealed or not, except while:

1. on a bona fide hunting trip; or

2. engaged in or on the way to or returning from a bona fide trap shoot, sport shooting event, or any organized civic or military activity.

(d) Penalties. --

(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $ 1,000 or both.

(2) For a person convicted under subsection (c)(1) or (2) of this section, if it appears from the evidence that the weapon was carried, concealed or openly, with the deliberate purpose of injuring or killing another, the court shall impose the highest sentence of imprisonment prescribed.

So my wife is not allowed to carry pepper spray is her purse?

And those nunchackus I made when I was in 5th grade (30 some yrs ago) and gave to my 10 yr old are illegal too?

abean4187 · Nov 6, 2013

G20 said:
So my wife is not allowed to carry pepper spray is her purse?

And those nunchackus I made when I was in 5th grade (30 some yrs ago) and gave to my 10 yr old are illegal too?

The law is a little tricky. It says that you are not allowed to carry concealed a “Dangerous weapon” on or about your person and that you are not allowed to openly carry a “dangerous weapon” if you intent is to use it in an unlawful way. You also have to have "apprehended danger" to be able to carry this. While I feel at danger all the time because I live in Baltimore City I know full well that many judges/police think this is the most peaceful place on earth and that no one in this state should have/need any weapons.

basically, unless your wife if planning on robbing a bank with her mace, she should be fine as her intent is to only use it (hopefully) in self defense.

The nunchackus get dicey in that they should be good to openly carry as long as your intent is that of self defense. But like the open carry rifle laws, I have a feeling cops would be all over you if they saw some nun-chucks hanging from your belt.

The law is also fishy in that it doesn’t list batons as a “dangerous weapon” although if pepper spray, a weapon designed to be non lethal, is considered a “dangerous weapon” I have a feeling that a steel baton would absolutely be considered one. I think it really just depends on the cop that you run into.

rtruhn · Nov 6, 2013

My dad was a forklift mechanic, and he had a few of these. http://www.homedepot.com/p/Unbranded-24-in-Chain-Wrench-CW24/204064335

I'd work with him occasionally, which would give me great cover for why I had one in my car. It became a habit.

It got me out of a fairly sticky situation at Veterans Stadium in Philly some 12 years ago.

Thinking it might be something to have hanging about the car, you know, on general principles...

Legality of buying and carrying an extenable baton

The #1 community for Gun Owners of the Northeast

Member Benefits:

Moderator Emeritus

Active Member

Moderator Emeritus

a bit of an Eddie Haskle

Ultimate Member

Active Member

Troll hunter.

Ultimate Member

Hellbilly Punk

American Patriot

New Dad!!

American Patriot

New Dad!!

a bit of an Eddie Haskle

Active Member

USMC LLA. NRA Life Member

Active Member

Active Member

Ultimate Member

Active Member

Users who are viewing this thread

Log in

Forum statistics