What Is a Collapsible Baton?
Collapsible batons, sometimes called expandable batons or telescoping batons, are commonly used by law enforcement officers and security personnel for self-defense and to keep an attacker at a distance. These batons are simple in design with an extended length and thickness that tapers down to a handle when collapsed (closed) and springs out to a larger diameter and smaller length when extended (open). Collapsible batons work through the simple principle of using centrifugal force to make a narrow shaft spread out to its full length as it is swirled around by the user. The extended length allows for a significant amount of power behind it as it swings , making it effective at causing blunt force trauma when used as a weapon.
Not only can they be effective weapons, but they are also compact and easily carried, if scabbard (holster) mounted. When closed, the length of a collapsible baton makes it a convenient tool to carry in any coat or other pocket (if it fits). Fixed-length or non-collapsible batons generally require that a person carry the baton in a scabbard. If scabbard (holster) mounted, collapsible batons can be deployed quickly while still being concealed.
Federal Law on Collapsible Batons
The manufacture, sale, and use of collapsible batons (also known as "expandable batons" or "telescopic batons") are generally permitted in the United States under both federal and state law as they do not constitute a firearm. Nevertheless, because collapsible batons can be classified as "defensive impact weapons" or "clubs", the federal government imposes some controls on the export (and import) of these weapons under the Export Administration Regulations ("EAR"), which are administered by the Bureau of Industry and Security ("BIS") within the United States Department of Commerce.
The EAR control exports of many dual-use items and "defensive impact weapons" are dual-use items. Indeed, all examples of collapsible batons are listed in Export Control Classification Number ("ECCN") 0A979, which are subject to an export licensing requirement for export to any country from Group D:5 in Country Group D of Part 740 of the EAR, i.e., Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria including persons or entities in such countries that are outside of Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. ECCN 0A979 also subjects collapsible batons to anti-terrorism controls, i.e. all collapsed and fully expanded collapsible batons require a license for export to certain countries (e.g., Bahrain, Egypt, Iraq, Kuwait, Lebanon, Libya, Qatar, Saudi Arabia, Syria , Tunisia, United Arab Emirates, Gaza Strip, West Bank, Hezbollah, Hamas, and Iraqi Resistance).
In addition, collapsible batons that have been identified by BIS as "biological agents and toxins" are listed under ECCN 1C351 of the EAR and may require a license for export.
Additional information about collapsible batons subject to the EAR can be found at https://www.bis.doc.gov/index.php/policy-guidance/lists-of-approved-parties.
With respect to prior Ex-Im Bank support, all products identified by BIS as "biological agents and toxins" in ECCN 1C351 and all products or devices with "dual-use" potential when identified by BIS in the EAR may require an export license prior to purchasers applying for Ex-Im Bank support.
Relatedly, collapsible batons (as well as clubs of all types) are also controlled under the United States International Traffic in Arms Regulations ("ITAR") Primary Markets Sectoral Sanctions, each a U.S. government agency must prevent the direct or indirect export of a substantial number of defense articles or services for the purpose of:
Under the ITAR, "clubs" include: "blackjack, billies, … [and] any similar type of weapon" and "billy" includes "a billy-club or … any similar type of weapon". 22 CFR § 121.1(a), Category I(a)(2)(i)(a)&(b).
In IP Policy 5(e), each participant must determine if the direct or indirect export of any substantially equivalent items (collapsible batons) or services would require an ITAR export license to substantially effectuate the described business transaction(s). If the answer is yes, the did decide whether it will proceed with the described business transaction(s)? If it decides to do business with anyone that requires an export license for such activities, the participant must disclose this.
Collapsible Baton Laws in Your State
Many states allow for the legal purchase, ownership and use of batons, provided you do not intend them to be used against persons or are not considered defensive weapons. For example, the state of California allows for the ownership of batons and explicitly states that, "A metal baton telescoping or otherwise, with a length of less than 6 inches, which is withdrawn in a motion similar to withdrawal of a metallic cane or baton by a signalman, is not prohibited." In Rhode Island, telescoping night sticks or "expandable batons" are not considered "clubs" as the state defines the term. Massachusetts, Illinois and Texas all explicitly allow for the possession of telescoping batons. In South Dakota, it is illegal to carry a club with the intent to assault or to intimidate another person or in commission of a crime.
There are however some states where the law is not so favorable and even among the states that allow the possession of batons and night sticks, the rules can vary greatly. For example, in California it is perfectly legal to own a telescoping baton, but it is illegal for persons under the age of 18 to possess or be in control of a telescoping baton in a public place, except as part of ceremonial duties or at home or the workplace as part of a job. The good news for most Californians is that traveling with a baton is legal as long as it is not carried in a manner that can be construed to be ready for offensive or defensive use. Texas, which explicitly allows for the ownership of a baton like a telescoping baton clearly labeled for use by law enforcement, has a twist. A switchblade knife with a spring-loaded blade less than five and a half inches in length is still considered a switchblade and just as such, illegal. Meanwhile, Vermont prohibits the use of hand held also called "percussive impact weapons" such as a blackjack, slapjack, or nightstick with intent to injure or against another person.
Legal and Criminal Implications of Possessing a Collapsible Baton
The range of legal consequences for unlawful possession of collapsible (or extendable or telescoping) batons is as wide and varied as the laws from which they stem. For example, in some states, such as Pennsylvania, carrying a baton with an "illegal" blade length (i.e., longer than 18 inches) is a Summary Offense. In other jurisdictions, the mere possession of a baton, regardless its length, can result in a First Degree Misdemeanor with a maximum penalty of five years in jail. Unsurprisingly, states like California take a hardline approach to possession – even possession of telescoping batons with a blade length of 6 inches are illegal under the knife laws of that state. In fact, California Penal Code § 12301(e)(2) defines "metal knuckle knife" as a ""belt buckle knife," a "scissor-type knife," or a "telephone-type knife" designed to be used or fashioned into metal knuckle grips. The law makes an exception for any "knife with a metallic knuckle guard or handgrip . . . designed, constructed, and primarily intended for use as a knife, if it is not otherwise restricted." The interesting thing about exclusive telescoping baton laws (laws that only prohibit possession of telescoping batons) like the one in California, is that there are no "sword-cane" or "belt buckle-type knife" exceptions — even though collapsible knives have been popular for decades. In other words, while it may be perfectly lawful for a person to carry a telescoping knife (with a blade at least 2 inches long) embedded in a walking cane or belt buckle (and are available for sale across the state), it may be unlawful to carry the same device as a baton (at least by virtue of section 12301 of the Penal Code). In short, whether a collapsible baton is legally possessed will vary from state to state. In addition, if the collapsible baton is used (brandished or discharged) in a threatening manner; or brandished in a way that may be construed as threatening; or discharged in a way that may be construed as using deadly force, a possessory defense may not avail the holder of the baton. Thus, it is not sufficient to prove that one legally possessed a collapsible baton; one must also prove that one did not brandish or discharge it in a threatening manner, or otherwise using deadly force.
Carry a Collapsible Baton: Know What It Takes
The best way to legally carry a collapsible baton is always to check your local laws first. If there are no local laws on the issue you should then check your state’s general law for weapons. Be sure to read all definitions under the statute as well as the provisions making it a crime to carry weapons outside of your home without a permit. Some states will have a special provision for batons while others will not mention them at all. The key is to know whether you can legally carry one and to know whether it falls under your state’s generally law covering weapons.
Even if your state does not have a special provision for batons a few counties, cities, and towns do. That makes it very important to check your local ordinances to make sure that you are legal. As a general rule of thumb we recommend that you make the calls to the town and county attorney’s office for the general region where you live to confirm whether it is legal for you to carry a baton. Next, confirm whether you need a permit. Thirdly, confirm whether you need to notify law enforcement that you have a weapon when you are contacted. Finally , if your state does have a general weapons law that requires a permit be sure to confirm whether the baton qualifies as a deadly weapon under your state’s laws. If it does there is a good chance that you will need a permit to possess a baton.
If your state does require a permit to possess a baton a good place to start for information is the state police department. Be sure to check the department’s website for general instructions on how permits are obtained in your state. Next, reach out to the department by telephone or email and let them know what type of weapon you wish to obtain a permit for (if you are not sure ask them about all weapons that require a permit). Be ready with your state’s general definition/requirement for weapons. Finally, if you do need a permit follow the procedures for applying and obtaining the permit while keeping in mind that sometimes the application process can take several months. To expedite the process be ready with your proof of residency, license, certificates, employment information, and anything else that may be required.
Self-Defense: The Legal Use of Force
Self-defense situations often involve people attempting to protect themselves, their loved ones, or their property. As such, the law concerning collapsible batons and self-defense is vast and complex, incorporating many justifications and limitations as outlined below.
Legal Justifications
In certain circumstances, the use of collapsible batons as a means of self-defense is lawful. Each person’s right of self-defense is both moral and legal. The law recognizes desires to protect oneself and avoid injury. As such, people have the right to protect themselves from others using potentially fatal or non-fatal weapons.
Typically, the law recognizes that when a physical attack is allegedly imminent, the alleged victim (without a reasonable and timely opportunity to escape) has a right to use physical force to protect themselves. However, they are not allowed to use the excessive force to combat the alleged attacker. Practitioners of the law describe these concepts as the law of self-defense. Remember, the manner of self-defense must be reasonable, which is defined in part by the circumstances surrounding the attack and the nature and severity of the attack.
Situations of unlawful assault may constitute a basis of self-defense and are a legally sanctioned exception to the general prohibition against people carrying a collapsible baton for self-defense. In cases of such an unlawful attack, people may use force to repel the attack and protect themselves, their loved ones, and their property.
Limitations on Self-Defense
Although the law recognizes a right to self-defense, that right is not unlimited. Lawmakers have created a number of limitations for people who engage in self-defensive actions. An important limitation concerns whether self-defense is reasonable in light of the circumstances.
To determine whether or not a self-defense action is reasonable, the following factors are considered by the court, among others: (i) the amount of force used; (ii) the kind of weapon used; (iii) the physical consequences of the self-defensive action; and (iv) whether the other person had a prior history of threatening or dangerous behavior. Because of these factors, the question of whether or not a self-defense action was reasonable is very fact-specific. Even if not strictly limited to situations involving self-defense, this question is addressed by the fact finder—a jury—in almost every case.
Upcoming Changes to Collapsible Baton Laws
Changes in legislation regarding collapsible batons are sparse, mainly focused on specific states and municipalities. Practitioners should not take it for granted that, just because collapsible batons are legal where they reside today, that the same will hold true in the future. The legislature is often influenced by many things, including the media, lobbyists and the public, to redefine what weapons are legal and what weapons are illegal. It is, therefore, critical that practitioners understand how collapsible batons are currently viewed by the law, if they may be viewed differently, and what influences are acting upon the relevant lawmakers to determine if any changes are, in fact, imminent.
The laws regarding collapsible batons are largely unchanged, and are similar to those regarding knives. Some jurisdictions treat collapsible batons as weapons, while other jurisdictions have defined them as tools. Also, under some state laws, collapsible batons may be used by law enforcement in the furtherance of official duties. Practitioners should at all times be mindful of whether the jurisdiction they find themselves in is one that allows such weaponry.
Some relevant legislative changes have occurred, and they merit discussion. In Tennessee, HB 1661 passed in March 2017 that allows people who have a gun carry permit to carry a collapsible baton. Unlike some prior laws, the act does not define the collapsible baton as a weapon, and states that it "is lawful for any person who is authorized to possess a handgun pursuant to § 39-17-1350 to possess … a baton with an extendable, retractable or folding arm." The law goes on to recite in detail the characteristics of a collapsible baton (or "expanding metal baton") . It defines the baton as being a "stick-like object" that is "concealed within a housing tube at the end of the baton" and is "operated through inertia and momentum, to extend the baton from the housing tube and create a striking surface with a diameter of at least one (1) inch, and allows the operator to move the object to the desired location, by thrusting the wrist, arm, or elbow." The Chief of Police in Chattanooga, Tennessee, very recently, on Jan. 3, 2018, stated that he was in opposition of this law. He does not want to see individuals use these under the guise of self-defense. This may be a local response to what may become a statewide trend.
California, like Tennessee, has seen its own legislation regarding collapsible batons, and it is worth a short discussion. In May 2016, a California state senator introduced a bill once again proposing to make collapsible batons illegal. While that bill was unsuccessful due in large part to lobbying efforts and ultimately being tabled, the bill was sent to the assembly floor for a vote. The bill did not advance forward. California allowed collapsible batons for a time period. However, in 2012, the state outlawed their use. Subsequently, the Ninth Circuit Court of Appeals awarded a preliminary injunction halting all enforcement and application of the ban.
As of today, there has been no comprehensive legislation covering collapsible batons on the national level. However, individual states, counties and towns have instituted prohibitions and regulations in several forms of varying severity. Practitioners should be nimble and agile to adapt to keep abreast of the changing landscape. Moreover, practitioners should take an aggressive stance in reaching out to their local legislators to express their opinions in favor of protecting the right to possess collapsible batons.
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