The Lowdown On Collapsible Batons
Collapsible batons, also known as retractable batons, are tactical weapons that can be easily concealed, and make for a good impact weapon. They are generally made of steel or aluminum, and have a hollow shaft that can be extended. When retracted, this type of baton is small enough to easily carry in a pocket or purse.
When extended, these batons are about three feet long and weigh about a pound. Any greater weight would make them difficult to use and control. The shaft of the baton is connected to a spring at the base, which allows the user to unlock the clasp holding it closed and snap it open. Sometimes, a seatbelt cutter is attached to the spring to assist the user in snapping the baton open. To retract the baton , the user simply presses a button on the shaft that unlocks the clasp, retracts the baton and locks it in place.
Generally, collapsible batons are used for self-defense or by security personnel and police officers. They are less lethal than other weapons, but can cause significant bodily injury if used with excessive force. Because they are highly effective, easy to carry and inexpensive, collapsible batons are popular among civilians, security officers and law enforcement officers alike.
Although collapsible batons are legal in most states, there are exceptions. For example, federal law prohibits the possession of collapsible batons in federal buildings, national parks and in airports.
Are Collapsible Batons Legal in Pennsylvania?
The legal status of collapsible batons in Pennsylvania has been a subject of debate and concern for both legal experts and the general public. Generally, collapsible batons, also known as expandable batons or telescopic batons, are spring-loaded clubs that can be extended or collapsed depending on how they are needed to be used. Commonly used by law enforcement and military personnel for their portability and ease of use, their legality in civilian settings has been a point of confusion.
In Pennsylvania, the law is relatively clear: collapsible or expandable batons fall under the category of "offensive weapons" as stated in 18 Pa.C.S.A. § 908. Under this law, an offensive weapon includes any "tire knife, dagger, blackjack, thrown star, muffler launcher, …hurricane, or any similar implement capable of being used as a weapon of offense." This list is not exhaustive and may include many other weapons at the discretion of authorities.
1. Possession of offensive weapons
In Pennsylvania, it is illegal for "any person to possess any offensive weapons." This essentially means that if you have any of the above-mentioned weapons on your body or in your house, you may face a third-degree felony charge (18 Pa.C.S.A § 908(a)). The only exceptions made in the law are:
(1) If you were authorized to possess the weapon as part of your job with military or law enforcement.
(2) If you were paid to attend a program regarding the safe handling of the weapon.
Exception (1) is significant because employees of prosecution, corrections, probation departments, etc. are not exempt. Generally, unless you are an authorized user by a law enforcement agency, you are not authorized to own or carry any of the listed weapons.
In addition to the above-mentioned exceptions, the law also provides a defense to any offense under this law if the actor possessed the weapon for purposes other than those proscribed in this law and his conduct would not constitute a violation of the law.
It is important to note that applying this exception is challenging as the language of the law is very narrow. It is advisable to seek through an experienced criminal attorney in this regard.
2. Transporting offensive weapons
As an extension of the above-mentioned law, any person who transports or carries in any vehicle any offensive weapon commits a felony of the third degree. (18 Pa.C.S.A § 908(b)). Although there are no express exceptions provided under this law, in practice, transportation home after purchase has been accepted as a valid defense.
Penalties for Carrying or Using Them
Violating Pennsylvania’s laws or Civil Statute on collapsible batons can lead to serious legal consequences, including fines, charges, or imprisonment. Possible penalties are outlined below:
Criminal Charges for Possessing a Collapsible Baton / Police Stick
Possession of a collapsible baton/stick is potentially a two-year misdemeanor offense in Pennsylvania.
If you had a "good reason" for having the baton, you may avoid a conviction – through acceptance of ARD (Accelerated Rehabilitation Disposition) based on a lack of prior history.
Penalties for Misusing a Collapsible Baton / Police Stick
A first-time offense for "carrying or using an offensive weapon" will be a misdemeanor in charge in Pennsylvania, punishable by 24 months in jail. Any subsequent offense will be graded as a felony of the third degree, also punishable by a two-year sentence.
Exceptions/Other Scenarios
While the law in Pennsylvania regarding collapsible batons is fairly uniform, there are some exceptions. One exception is for law enforcement officers. As with many Pennsylvania firearm laws, there is a protected class of persons who have received specialized training and can be exempted from potentially burdensome provisions of the law. In this case, those individuals are sworn law enforcement officers. Pennsylvania law defines "law enforcement officer" as "a member of an official police department of the Commonwealth or of any political subdivision thereof, a police officer of a port authority created by law, a Pennsylvania State Police officer, an agent of the Pennsylvania Board of Probation and Parole, a sheriff or deputy sheriff of any county of the Commonwealth or a borough police chief or chief of a police force of any city or county of the Commonwealth . " Therefore, an armed, on-duty, Pennsylvania police officer is exempt from the law. Likewise, "an armed, on-duty, mercantile security employee," is exempt from Pennsylvania’s law against carrying a loaded collapsible baton. This exception does not apply to an employee of a publicly owned library. A mercantile security employee is a "person hired by the owner or operator of a business to provide uniformed security services on the premises of the business." Still others exempt from the law are members of the U.S. Armed Forces.
A Comparison of Other States
Collapsible baton laws in Pennsylvania are not that far removed from the laws imposed by the federal government or surrounding states. For example, in New Jersey, possession is limited to those who own a security firm, are employed as a guard for a security firm, or are a sworn law enforcement officer. New York is similar, but it allows for exceptions for the purpose of self-defense or if the individual is traveling through the state to another location where the possession is legal upon proof at all times to its lawful purpose of possession.
Unlike Pennsylvania, Florida has no outright ban on the collapsible baton. And, Florida does not prohibit possession of a collapsible baton that is not a self-defense weapon by anyone who is not a convicted felon or otherwise prohibited by law. Although, Florida does provide an exception to the unlawful display of a weapon statute for the use of a collapsible baton in lawful defense of oneself, another, or property.
How To Remain Updated and In Compliance
Staying informed about the legality of carrying collapsible batons in Pennsylvania is essential for compliance. Begin by researching state and local laws, as well as municipal ordinances, to determine whether collapsible batons are legal in your area. The Pennsylvania Uniform Firearms Act is a good starting point, as it outlines laws regarding firearms and other weapons. However, since collapsible batons are not specified in the act , it is crucial to seek additional information through local law enforcement agencies or attorneys familiar with the laws in your area.
Join online forums or social media groups where these topics can be discussed and where fellow adherents can offer guidance. The Pennsylvania Bar Association’s Criminal Justice Section may also provide information on state laws, regulations, and court opinions, so contacting them directly could help.
If you are ever in doubt about the legality of carrying collapsible batons, it is always best to contact local law enforcement agencies. Although not all officers may be familiar with collapsible batons and their legal status, they may be able to direct you to resources where you can find further clarification.