Ask An Attorney: Your Questions Answered

I’m curious if, as a concealed carry license holder, I can carry a collapsible baton? Thanks – Kase

Texas

We advise that you may not carry a club or collapsible baton on your person unless you are on your premises or at a premises directly under your control, or directly outside of or en route to your motor vehicle or watercraft. An illegal club includes, but is not limited to: a collapsible baton, blackjack, tomahawk, mace, or nightstick. – Curtis Reynolds, Walker & Taylor, PLLC

Oklahoma

In Oklahoma 21 O.S. section 1272 prohibits the carrying of a billy, baton, collapsible baton, sap, club, or similar weapon under the authority of the SDA, Self Defense Act. Having a CCL, does not authorize the carrying of similar weapons. Possession in your home, or on private land is okay, however carrying a collapsible baton is prohibited.

Missouri

If you are a licensed CCW holder, you may carry a collapsible baton in MO. If you do not hold a CCW permit, carrying a baton will be considered Unlawful Use of a Weapon. Batons are considered to be in the same category as black jacks and are addressed by the Missouri legislature in RSMo Sec. 571.030.1.

Florida

Yes, a collapsible baton would fall under the definition of a billie, which is allowed under your CWFL.  (13) “Weapon” means any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife.

Georgia

Yes, Kase, you can.  Impact weapons such as nightsticks, “monkey fists”, and batons are not included in the definition of weapons for which a license would be required before lawful carry. They may be prohibited in a school safety zone by virtue of O.C.G.A. §16-11-127.1, the school safety zone law, but are not otherwise considered weapons by definition in O.C.G.A. § 16-11-125.1 (the statute that generally defines “weapon” in Georgia) if carried in the unauthorized locations listed in O.C.G.A. § 16-11-127. Impact weapons are included in the state pre-emption doctrine codified in O.C.G.A. § 16-11-173(f). No local jurisdiction may enact ordinances regulating them.

Pennsylvania

The law surrounding collapsible batons, like many things unfortunately, is not entirely black and white. The controlling statute is 18 Pa.C.S. §908- Prohibited Offensive Weapons. The statute creates criminal liability for possession of prohibited offensive weapons. An offensive weapons is specifically defined as  “Any bomb, grenade, machine gun, sawed-off shotgun with a barrel less than 18 inches, firearm specially made or specially adapted for concealment or silent discharge, any blackjack, sandbag, metal knuckles, dagger, knife, razor or cutting instrument, the blade of which is exposed in an automatic way by switch, push-button, spring mechanism, or otherwise, any stun gun, stun baton, taser or other electronic or electric weapon or other implement for the infliction of serious bodily injury which serves no common lawful purpose.”

While a collapsible baton or asp is not specifically listed, it is the position of US Law Shield that a collapsible baton would be classified as a weapon for the “infliction of serious bodily injury which serves no common lawful purpose”, and as such is a prohibited offensive weapon. You cannot own, possess, or carry a prohibited offense weapon, even if you have a License to Carry Firearms.

Colorado

In Colorado, a concealed carry license solely provides permission to conceal carry a firearm and is not a license to carry any other weapon.  Further, under C.R.S. 18-12-102(2), a “blackjack” is included as an “illegal weapon.”  “Blackjack” is defined under 18-12-101(a.5) as “any billy, sand club, sandbag, or other hand-operated striking weapons consisting, at the striking end, of an encased piece of lead or other heavy substance and, at the handle end, a strap or springy shaft which increases the force of impact.”  A collapsible baton would likely fit this definition of “blackjack.”  A person who knowingly possess an “illegal weapon” commits a class one misdemeanor.

Comment section

11 comments on “Ask An Attorney: Your Questions Answered

  1. In your Texas response you mention mace, does that also include pepper spray as being a problem?

    • A mace is a blunt weapon, a type of club or virge that uses a heavy head on the end of a handle to deliver powerful blows. A mace typically consists of a strong, heavy, wooden or metal shaft, often reinforced with metal, featuring a head made of stone, copper, bronze, iron, or steel. Not pepper spray.

  2. Does the new knife carry rules not include tomahawks as an edged weapon? Why are tomahawks listed with other club-like weapons?

  3. I understand this to say that a club or collapsible baton MAY be carried in your motor vehicle or watercraft. Is this a correct interpretation?

  4. Florida Can you carry more than one gun

  5. How can I submit a question?

    • Tom all you have to do is give your question and state you’re in as a comment and we’ll pass it on to one of our Independent Program Attorneys to answer.

  6. in Oklahoma at the movie theater that I go to, before posted a no firearms sign on the entrance door for a very long time. The theater has changed owners not to long ago
    And now there’s NO signs located anywhere prohibiting firearms on the theater property. So I guess that it’s OK to CCW at the movie theater. 🇺🇸

  7. In Florida, can a gun (deadly force) be used to defend against an unarmed attacker who has the physical capacity (size, strength) to inflict great bodily injury?

  8. I was told the even with my License to carry in Texas im not authorized to have my gun loaded and with one round in the chamber will carring on my car or my person , its this true ??? Because on the training / class our instructor commented he always have his gun ready to go.
    Please help.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

%d bloggers like this: