Statutory Legal Definition of Police Baton
The legal definition of a police baton is a very specific one. A police baton is not just any club or blunt object that is held in the hand and can be used to strike an opponent. It needs to be a weighted, club-like object that is seven or more inches long and has no sharp edges or protrusions. It is important to remember that the baton needs to have substantial weight as well. Long, thin objects, such as a pool cue, are not considered to be police batons. The police baton legal definition also suggests that if a person possessed more than one police baton that would be considered illegal as well. However, in situations when a person possesses more than one police baton (particularly for recognized self-defense reasons), he may be treated with a warning or small fine .
In order to fall under the police baton legal definition, a person needs to possess the police baton only for specific purposes. According to the police baton legal definition, the police baton can only be used in defense of a person or property, to maintain peaceable control of a person, in exercise of legitimate law enforcement authority or limit an otherwise violent altercation.
It is important to note that certain exceptions to the police baton legal definition exist for persons who have been involved in the United States armed forces or law enforcement officers. If a person has been a duly-appointed or qualified officer of the law or a member of the armed forces before this section was enacted and if the person uses any police baton at all, the person may be able to keep it.
Federal Restrictions on Carrying Police Batons
As background, federal law applies uniformly across the entire nation as opposed to state law which can vary from state to state. So it serves us well to first analyze the federal restrictions and then, if necessary, we can examine state restrictions. The federal government has certain restrictions for specific locations such as federal courthouses, military commands, the White House and amusement parks. For the federal government, at 40 USC Section 8103 (a), it is illegal to carry a "club" in a federal facility. "Federal facilities" means a building, installation, or grounds owned, leased, or occupied by or under the jurisdiction of the United States Government. There are penalties if you violate this section of the law. This section of the law applies to the carrying of any club. A "club," is defined as an instrument that is designed to be used as a striking weapon. It would be wise to assume that a police baton falls within this definition. Under this section of the law, it is unlawful for you to carry a club unless you are an employee of the Federal Government: (1) who is authorized to carry a club in the performance of your official duties, or (2) who is required by your official duties to carry a firearm, and are carrying the firearm in an authorized way. In other words, as a civilian, you would not be authorized to carry a police baton as you are not an employee of the Federal Government.
State Regulations Regarding Police Batons
State laws on carrying a police baton vary across the country, with some states allowing open and concealed carry, while others completely restrict carrying them. Others still allow carrying a police baton only certain circumstances.
Arizona
No permits are required for carrying a police baton for self-defense in Arizona. This state has both concealed and open carry laws for weapons.
New York
New York does have concealed carry laws in place, but there are many restrictions for possessing a police baton or nightstick. It is legal to possess a police baton (provided it does not meet the legal classification of a "black jack") and—provided you have a permit—carry the nightstick legally.
Louisiana
In Louisiana, it is illegal to carry a police baton if it is concealed. However, you can keep one with you while in plain view, and you can bring it into a home or vehicle.
South Dakota
You can only carry a collapsible nightstick in certain circumstances in South Dakota. You must be going to or from work, home, school or a class reunion if you have a permit. Collapsible sticks are illegal to carry otherwise, unless you happen to be on a trip to the Badlands.
Tennessee
If you have a permit, you can carry a police baton in Tennessee. You can also keep one in your car and train with it.
Liability for Carrying Batons Illegally
Many people that carry police batons as a means of personal protection do so without a second thought about the legal consequences of carrying such a weapon. While some jurisdictions may not enforce such laws, if you are caught carrying a police baton in a prohibited area, you could face serious consequences. Depending on the state, you can be required to go through criminal proceedings and a possible civil proceeding depending on the circumstances surrounding the incident. Some of the most common penalties most often associated with illegal possession of police batons or billy clubs are: arrest, citation and fines. For the most part, carrying a police baton is a level misdemeanor offense. In some extreme circumstances, such as carrying the baton for nefarious reasons or assault with a police baton, criminal charges could range from a felony to a maximum fine of $10,000. Any intensified charges are taken very seriously and will nearly always result in jail time. If you had been sentenced to jail time for such an offense, then it’s likely the severity of the charges went up because the weapon was used in a crime. There are also some instances where you could be charged with a felony even if you weren’t using it on someone, but your intent could hurt someone. For example, if you were carrying a police baton with the intent to use it on someone, that is considered assault with a deadly weapon and is a felony. Simply carrying prohibited weapons can be considered a serious felony offense, but you have to be charged with the intent of actually using the weapon. In the case that you are caught carrying a police baton or billy club, it’s best to get legal representation to help you get the charges lowered to a misdemeanor. In most cases, police officers do not automatically fine someone simply because they are carrying a bat. Generally, you will be given a verbal warning first and asked to leave the premises. The officer will probably insist that you take the bat to your car or nearest locker. They will have you wait until the argument is over or you have left the premises. If you ignored the officer’s warning and were argumentative, that’s when you will find yourself in trouble with the law. In extremely serious cases, you could be disarmed and arrested on the property. If this does happen, then it’s likely that the officer felt you were a threat to the facility and other guests. At that point, you will be taken into custody by the police.
Individuals Who Can Legally Carry a Baton
Not everyone may carry a police baton. Those that are authorized to possess these weapons can include law enforcement officers, private security personnel on duty, and, in some states, certain civilians (such as sworn law enforcement officers.) The specific categories of individuals and the relevant laws governing their possession of batons will vary from state to state. Typically, those that wish to carry a police baton have undergone some form of training with the weapon . For example, for police and officers of the law, they may train in the use of police batons while at the police academy. Those that work in security may also undergo training in their use, especially if they work at a location that has contracted for the presence of armed security guards. Some states also have requirements for civilians to undergo a state certification process for possessing specific weapons after completing gun safety classes. Whether or not ordinary civilians must undergo weapons training is again determined by the state.
Other Options Apart from a Police Baton
Even if a police baton is not an option for a person for any number of reasons, they can always carry a trusted walking cane. There are three big advantages to carrying a cane: The cane is 100% legal, it is very effective as a self-defense weapon when used properly, and it can also be a very useful stick to aid with mobility. A police baton does have some clear advantages over a cane: It is shorter, it is easier to quickly pull in and out, it is more concealable, and it is designed from the ground up for one primary purpose: to be a weapon. One of the main disadvantages that a cane carries is that it is harder to conceal, however, there are two forms of cane that are very concealable and intended primarily for self-defense. These are the tactical cane and the sword cane.
A tactical cane is a cane which has been designed specifically to be lightweight while making the cane itself a deadly weapon. While it would not be as lightweight as a collapsible police baton, it is about as light-weight as it gets in terms of canes, typically weighing around 1 pound. Despite that, even a lightweight cane is still much heavier than an average police baton. This increased weight makes it better for striking at a greater distance and for breaking bones, because there is a lot more mass to deliver the blow. Finally, tactical canes are also designed for this purpose. They are often reinforced to resist breaking and they are designed to strike hard while remaining lightweight. If you have any doubts about using a cane for self-defense purposes, then a tactical cane would be the best option as they are built for these exact requirements.
A sword cane is even heavier than a tactical cane and on average weighs about 3 to 4 pounds due to the sword concealed inside of the cane. Sword canes can only come in three legal types, a mini-sword cane, which typically conceals a tanto blade of about 7 inches long, a cane sword which conceals a regular sword of about 12 inches long, or a walking sword, which conceals a 21 inch sword. These are all illegal in Maryland as they are all considered concealed weapons. Swords canes are very effective as a weapon because they are hard to pull in and out, allowing for a swift surprise attack, and the sword inside the cane is very effective as well. They can only be carried in Virginia if you have a valid Virginia concealed carry permit, and they cannot be carried in Maryland at all unless you have a bi-county permit which only permits you to carry in two counties.
Hints for Staying Within the Bounds of the Law
To avoid any legal troubles associated with carrying a police baton, it is vital that individuals thoroughly educate themselves about the laws and regulations in their area before taking action. Here are a few tips for making sure you are legally in the clear:
• Check local laws: Laws can vary not only from state to state but from county to county and city to city. It is an individual’s responsibility to know and understand the laws where they live. If you are considering carrying a police baton , first determine whether it is legal to do so in your area.
• Display necessary permits: In some areas, a permit or license may be required to carry a police baton. Be sure to obtain any necessary permits before taking action.
• Seek legal counsel: For those who are unsure of whether or not they are legally allowed to carry a police baton, ask for help from an experienced criminal lawyer. An attorney can review the laws in your area and advise you on whether carrying a police baton would be a legal action.