expandable batons

[bluedog46]

I was not sure of where to put this, but I just found out that expandable batons are illegal in PA. You know the type of batons that start at like 8 inches and when you expand the 3 sections they are 21 inches?

I was wondering if they are legal in Maryland.

Thanks.

 

[WeaponsCollector]

According to the BudK catalog, expandable batons are illegal in PA, CA, MA, NY, and NJ.
ASP makes some of the best ones.

 

[Biggfoot44]

They are as legal as fixed batons..

 

[Boom Boom]

First of all, I am not a lawyer, so none of the following is legal advice. No accuracy is guaranteed or implied. With that said...

Batons are technically not illegal in MD. Two subsections of MD law (not counting other criminal codes) you need to very careful about are:
§ 4-101. Dangerous weapons.
(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.

Nowhere in MD 4-101 code is a baton (expandable or fixed) mentioned. That's not a free pass, since batons are not excluded either. The key issue is your intent if/when you ever use the baton. If you use the baton to defend yourself against anything other than immediate lethal threat and hit someone in the head with it (highly lethal), then you can be prosecuted under the law above at the discretion of the prosecutor. Theoretically, other than head shots, you could use a baton to defend yourself against an attacker, but only to the extent required to deter the attack. Anything beyond that is prosecutable and the prosecutor generally has free reign to ascertain your likely intent. Whether or not you think you were justified, if the prosecutor thinks otherwise, your legal team will have to prove your innocence in criminal court, obviously at great financial and personal costs to you.

I suggest strongly considering pepper spray before choosing to carry a baton.

 

[Biggie313]

very gray, as said before its based on intent. And we all know "personal defense" is not a legitimate reason to to carry a weapon in MD. If asked why you have it and you say "to defend myself" that means its a weapon and you intend to use it as such, making it illegal. The same way if you say you are carrying a screwdriver to protect yourself. Baton might be tough because there aren't many other uses other than as a weapon.

 

[rwatson]

They are not illegal. I ordered one and had it delivered to my home not to long ago.

 

[Boom Boom]

very gray, as said before its based on intent. And we all know "personal defense" is not a legitimate reason to to carry a weapon in MD. If asked why you have it and you say "to defend myself" that means its a weapon and you intend to use it as such, making it illegal. The same way if you say you are carrying a screwdriver to protect yourself. Baton might be tough because there aren't many other uses other than as a weapon.

The same argument applies for pepper spray, though. Pepper spray is definitely legal to carry (concealed or open) in MD for defensive purposes. It has no other practical use (ignoring criminal intentions for it).

 

[Boom Boom]

They are not illegal. I ordered one and had it delivered to my home not to long ago.

Handguns aren't illegal here either, just regulated. I got the impression the OP intends to carry a baton, which is a very different issue than being able to legally own it.

 

[Biggie313]

The same argument applies for pepper spray, though. Pepper spray is definitely legal to carry (concealed or open) in MD for defensive purposes. It has no other practical use (ignoring criminal intentions for it).

Like I said, it is very gray. Some people have claimed to have been charged simply for saying they carrying a pocket knife for defense, because according to the police that shows intent to use as a weapon.

 

[K31]

My baton is expandable.

 

[Boom Boom]

Like I said, it is very gray. Some people have claimed to have been charged simply for saying they carrying a pocket knife for defense, because according to the police that shows intent to use as a weapon.

MD law very clearly disallows a person from being arrested for carrying a pocket knife (legally a pen knife), assuming it folds and is not semi-automatic, excluding convicted violent criminals. Specifically, pen knives are exempted in MD law. As such, MD police officers are not legally allowed to ask about intention for carrying a pen knife. If somebody is boneheaded enough to carry a semi-automatic knife (switchblade), well too bad for them. Ignorance and/or stupidity are not justifiable defenses for violating the law.

I'm not claiming there hasn't been a recent case in MD of a non-criminal being arrested for carrying a legal pen knife (not including Federal buildings). But if I was that person (victim), I would have a field day in civil court with my lawyers.

 

[ToneGrail]

MD law very clearly disallows a person from being arrested for carrying a pocket knife (legally a pen knife), assuming it folds and is not semi-automatic, excluding convicted violent criminals. Specifically, pen knives are exempted in MD law. As such, MD police officers are not legally allowed to ask about intention for carrying a pen knife. If somebody is boneheaded enough to carry a semi-automatic knife (switchblade), well too bad for them. Ignorance and/or stupidity are not justifiable defenses for violating the law.

I'm not claiming there hasn't been a recent case in MD of a non-criminal being arrested for carrying a legal pen knife (not including Federal buildings). But if I was that person (victim), I would have a field day in civil court with my lawyers.

Semi-Autos (assisted) are legal.

 

[Biggie313]

MD law very clearly disallows a person from being arrested for carrying a pocket knife (legally a pen knife), assuming it folds and is not semi-automatic, excluding convicted violent criminals. Specifically, pen knives are exempted in MD law. As such, MD police officers are not legally allowed to ask about intention for carrying a pen knife. If somebody is boneheaded enough to carry a semi-automatic knife (switchblade), well too bad for them. Ignorance and/or stupidity are not justifiable defenses for violating the law.

I'm not claiming there hasn't been a recent case in MD of a non-criminal being arrested for carrying a legal pen knife (not including Federal buildings). But if I was that person (victim), I would have a field day in civil court with my lawyers.

Just because its not illegal doesn't mean you cant get arrested, your knife taken, put in jail, have to bail out and go to court over it. And a semi would be assisted, not a switchblade, that would be an automatic.

 

[Markp]

I have a pointy stick, will I be going to jail? In many parts of the country that is sufficiently dangerous to meet the definition of dangerous weapon.

Sent from my PC36100 using Tapatalk

 

[boss66tcode]

Don't conceal one, and can you articulate your intent? That is the gray area.

FYI: There might be some folks on here who would get the wrong idea when you mention your expandable baton. Be cautious

 

[Roneut]

Just because its not illegal doesn't mean you cant get arrested, your knife taken, put in jail, have to bail out and go to court over it. And a semi would be assisted, not a switchblade, that would be an automatic.

True, but it also means you can sue the daylights of the said dumb cop. Sorrell v McGuigan (2002) was just such a case. It cost said cop his badge. That case lit a fire under many departments in MD, and many issued memos to the patrolmen as a result.

I had a very long, nice conversation with a PG County captain (retired) about the legality of carrying batons. He told me that it's not explicitly in the law that they are banned. It is all about intent. He used the example a tree limb. If your sawing branches in the yard, no problem. If you have one hidden under a trench coat and are hiding in the bushes near a bus stop, and have prior robbery/assault convictions, you are getting arrested.

I offered two hypotheticals (I will paraphrase):
1. I'm a clean-cut looking guy and I'm shopping at the grocery store. I lean over and you see a baton holstered on my belt.
He said "I'd eye you, but leave you alone. If you're otherwise conducting yourself lawfully, I don't care. That's not a guarantee if some hothead rookie sees it, but he'd have a really hard time getting a conviction, assuming the State's Attorney doesn't drop the case entirely."
2. I get robbed at knife-point, but I pull out my baton and smash the guy's hand proper, breaking several bones. He runs away and I call the cops.
He replied: "I wouldn't charge you. The S.A. might decide to charge you at a later time when the case gets to his desk, but it's not likely. Again, if the force was obviously justified (especially if there ample evidence), he'd have a hard time getting a conviction on you just for CDW."

His overall suggestion was if you conduct yourself lawfully otherwise, that you should conceal it properly and never draw attention to it unless you absolutely have no other choice. And get training. Any idiot can swing a stick, but using on effectively takes practice.

 

[Biggie313]

I offered two hypotheticals (I will paraphrase):
1. I'm a clean-cut looking guy and I'm shopping at the grocery store. I lean over and you see a baton holstered on my belt.
He said "I'd eye you, but leave you alone. If you're otherwise conducting yourself lawfully, I don't care. That's not a guarantee if some hothead rookie sees it, but he'd have a really hard time getting a conviction, assuming the State's Attorney doesn't drop the case entirely."
2. I get robbed at knife-point, but I pull out my baton and smash the guy's hand proper, breaking several bones. He runs away and I call the cops.
He replied: "I wouldn't charge you. The S.A. might decide to charge you at a later time when the case gets to his desk, but it's not likely. Again, if the force was obviously justified (especially if there ample evidence), he'd have a hard time getting a conviction on you just for CDW."

His overall suggestion was if you conduct yourself lawfully otherwise, that you should conceal it properly and never draw attention to it unless you absolutely have no other choice. And get training. Any idiot can swing a stick, but using on effectively takes practice.

Just because one cop said that doesnt mean all will be that nice.

 

[Ab_Normal]

My baton is expandable.

But much like pocket knives, anything UNDER 3" is legal - I'm guessing you would be fine.

 

[kalister1]

I have a pointy stick, will I be going to jail? In many parts of the country that is sufficiently dangerous to meet the definition of dangerous weapon.

Sent from my PC36100 using Tapatalk

It depends on HOW long and HOW pointy?

 

[K31]

But much like pocket knives, anything UNDER 3" is legal - I'm guessing you would be fine.

Maybe if I folded it in half.







Twice.