Retractable Baton Laws (2024)

Retractable Baton Laws (1)

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When a state regulates batons, it isn't the type that cheerleaders carry. Retractable batons, like the police carry, are built to pack a punch, and become small enough to conceal in a deep pocket. Some jurisdictions prohibit possessing or selling batons, while others are less restrictive.

States That Prohibit Batons

Some states have laws that make it a crime to possess retractable batons. California, for example, lists batons in its "generally prohibited weapons" list in the penal code. Unless you fit one of the exceptions, you can face either a misdemeanor or a felony charge if you are caught carrying a restricted weapon like a retractable baton.

Limited Restrictions

In some states, like Alabama, possession of a retractable baton is not in and of itself a crime. Instead, batons are included in the list of deadly weapons in the state's code -- and possession of a deadly weapon with intent to do bodily harm is a class C felony, as is possession on school grounds. In Texas, it is a crime to carry any kind of a club into an airport, polling place, school or court.

Exceptions to Restriction

In all states, police officers can carry retractable batons without incurring criminal penalties. Otherwise, each state has its own exceptions. For example, in California, an exception exists for those dealing in historical objects and antiquities, karate schools and forensic laboratory staff. In other states, security guards and bank guards are exceptions in penal codes.

References

Resources

Writer Bio

Teo Spengler earned a JD from U.C. Berkeley Law School. As an Assistant Attorney General in Juneau, she practiced before the Alaska Supreme Court and the U.S. Supreme Court before opening a plaintiff's personal injury practice in San Francisco. She holds both an MA and an MFA in English/writing and enjoys writing legal blogs and articles. Her work has appeared in numerous online publications including USA Today, Legal Zoom, eHow Business, Livestrong, SF Gate, Go Banking Rates, Arizona Central, Houston Chronicle, Navy Federal Credit Union, Pearson, Quicken.com, TurboTax.com, and numerous attorney websites. Spengler splits her time between the French Basque Country and Northern California.

Retractable Baton Laws (2024)

FAQs

Retractable Baton Laws? ›

There are no federal laws against carrying expandable batons

expandable batons
ASP batons are friction-lock in design, and are opened by swinging the handle forcibly through the air. To close this type, the baton's tip is driven into a hard surface to break the friction.
https://en.wikipedia.org › wiki › ASP,_Inc
. Can you legally carry a collapsible baton? Yes, you can legally carry a collapsible batons in most states. California is the only state where expandable batons are illegal to both own and carry.

What states are collapsible batons illegal? ›

In California, it is illegal to carry an expandable baton. California law makes it illegal to even possess a retractable baton. In Massachusetts, New York, Washington, and the District of Columbia, you are allowed to own a baton, but you cannot carry it out in the open.

Why are batons illegal in CA? ›

The challenged California law bans the possession, manufacture, importation or sale of “any leaded cane, or any instrument or weapon of the kind commonly known as a billy, blackjack, sandbag, sandclub, sap, or slungshot.” Courts have defined a billy as any kind of stick, bat or baton that is intended to be used as a ...

Can you travel with a collapsible baton? ›

Metal is the key word - the magnetometers in airports can find as little metal as the underwires in a bra. You can be certain they'll “see” a collapsible baton, and it WILL be confiscated and probably cause you to be delayed or arrested, whether it's on your person or in a carry-on.

What is the penal code for collapsible baton? ›

PC 22210 - Are batons and billy clubs illegal in California? Penal Code § 22210 PC makes it illegal to manufacture, import, sell, give, or possess leaded canes or batons (or other weapons in this category).

Where can I conceal a baton? ›

Relatively Easy to Conceal: Batons, particularly collapsible models, can easily slip into bags and deep pockets. At home, you can covertly rest the weapon next to your bed, in a nightstand drawer, or by the doorway.

Are batons good for self-defense? ›

In self-defense scenarios, if I'm aware of my surroundings or not caught by surprise, the more distance I can have between my opponent and myself, the better. A baton can definitely help me do that. I can also extend it into the person if they're too close when I realize what's happening.

Do you need a permit for a baton in California? ›

A licensee shall not allow an employee to carry or use a baton in the course of their employment unless the employee possesses a valid and current baton permit issued by the bureau. Added by Stats 2022 ch 287 (AB 2515),s 32, eff. 1/1/2023.

Can a civilian own a baton in California? ›

The state of California prohibits most people from owning, making, importing, or selling batons and leaded canes. These objects are considered a type of weapon.

Why do police not carry batons anymore? ›

Rubber batons are not very effective when used on the subject's arms or legs, and can still cause injury if the head is struck. That is why most police departments have stopped issuing them.

What is the difference between a baton and a Nightstick? ›

Nightsticks are typically longer, providing greater reach compared to most batons.

Are batons legal in Florida? ›

Yes, collapsible batons are legal to carry in Florida for self-defense purposes. However, important aware regulations restrictions carrying using weapons. Do I need a permit to carry a collapsible baton in Florida? No, Florida does not require a permit to possess or carry a collapsible baton.

Can you carry a retractable baton in Texas? ›

House Bill 446, drafted by Rep. Joe Moody, lifts the ban on brass phalanges and similar sections on self-defense. Since September 2019, clubs can now be worn openly, as well as blackjacks, night sticks, clubs and tomahawks. This also includes extendable, foldable or telescopic batons.

How long does a baton permit last in California? ›

<Section operative Jan. 1, 2024.> (a) A baton permit expires two years from the date of issuance, if not renewed. A person who wishes to renew a baton permit shall file an application for renewal with the bureau at least 60 days before the permit's expiration.

What is legal to carry for self-defense in California? ›

Permissible Self-Defense Weapons in California

A variety of self-defense weapons are legal in California. These include personal alarms (often found attached to keychains and designed to release deafening sounds when triggered), tasers or shock guns, certain categories of knives, and specific firearms.

What self-defense tools are legal in California? ›

In California, pepper spray, tasers, and certain guns and knives are legal for self-defense, subject to certain restrictions.

Can I have a baton in Illinois? ›

Long-gun magazines with a capacity of 15 rounds or more are prohibited. Batons are prohibited.

Is it illegal to carry a collapsible baton in Texas? ›

Other Types of Weapons Made Legal in 2019

Since September of 2019, clubs can now be openly carried, along with blackjacks, nightsticks, maces and tomahawks. This also includes expanding, collapsible or telescopic batons.

Can you carry a collapsible baton in Chicago? ›

It's legal to purchase and own a collapsible baton or any other weapon that is not considered restricted or prohibited. It is not legal to use or intend to use a weapon to harm another person. Simply carrying a collapsible baton around can be grounds for arrest.

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