Present Day Law Regarding Batons and Truncheons
The legality of collapsible batons in New York is governed by Penal Law §265.20, which includes collapsible batons in its list of weapons that are fully illegal to possess. The term "blackjack" is referenced within Penal Law §265.20 as an example of a collapsible baton, which in turn references the term "nightstick" as a prohibited weapon as well. In fact, these two terms, blackjacks and nightsticks, are used interchangeably in law enforcement, indicating how similar (and how interchangeable) these weapons are to each other. A "nightstick" is merely a more dated term for a "blackjack."
"Blackjack" is defined in Penal Law §265.00(5) as "a short, heavy, flexible and unshaped stick with a weighted or thickened end." This is the general definition which makes up the basis of the legal definition of collapsible batons as "blackjacks." Effectively, this means anything that, at its core, is a flexible unshaped stick that has a heavier end, sometimes retracting, suddenly extending to an overall capacity to bludgeon. In contrast, "nightsticks" are defined as "[a] stick used by police, typically a straight baton, esp. one carried in a holster on the side" or more broadly, "[a] stick carried for self-defense . " It should be noted that in the former definition, it is inferred that "nightsticks" were not forbiden in New York until 1970 (the date the definition was published), further adding to the inference that nightsticks and blackjacks were interchangeable until those laws caught up with modernity, and now seem to be separate. Despite the legislation, a black jack and a nightstick can oftentimes be considered synonymous.
The crux to the blackjack definition is that it must be "unshaped" and "flexible" – there is a level of ambiguity to those terms which can be interpreted differently when actually applied. Furthermore, even if a particular baton does not meet the definition of a black jack, if it is effectively the same as a black jack, it may still be categorized under the relevant laws as essentially a blackjack. For example, if there is a collapsible baton that extends out like a black jack but is persuaded by a button, then that may still be categorized under the relevant laws as essentially a blackjack. Thus, legal definitions take precedence over the literal definitions, even if "blackjack" as defined in the cited statutes do not properly apply to all types of collapsible batons.
Historical Background of Baton and Truncheon Laws
A historical background can be helpful in understanding the current law in New York regarding collapsible batons. From the mid-19th century and well into the 20th century collapsible or spring-loaded or extendable night sticks were ubiquitously carried in the United States by police officers and other law enforcement officers. On a daily basis in New York City, for example, it was common to see an NYPD officer, a Port Authority Police officer, a Housing Authority police officer, a Transit Authority police officer, or even a U.S. Secret Service agent who was assigned to protect a political figure or visiting dignitary, in public, carrying an extendable club taped to his or her utility belt in a holster.
The legal status of these items remained as clearly legal until at least the mid-1970s. Numerous, on point, New York State appellate court decisions cited below make this crystal clear. But, even after the enactment in 1971 of Penal Law Section 265.01(2), which outlaws "directed telescoping/blow guns," many police officers, prosecutors, and even judges in the late 1970s and 1980s were unaware that various spring-loaded night sticks had been banned, even as to members of the police profession.
It was not until the early 1990s that arrests of police officers for use of collapsible batons became fairly common throughout the state, and it was then that section 265.01(2) was amended to include "straight" telescoping or blow guns as well as "directed" telescoping or blow guns. In 2010, "New York State Penal Law 265.01-a Indoor Blow Guns" was enacted. It is not a "crime" in New York State to carry or possess spring-loaded night sticks; misdemeanors and felonies are referred to as "crimes" in New York State. Like NYS PL 265.01, on its face, New York State PL 265.01-a outlaws the ownership, purchase, sale, manufacturing, delivery, and transportation for sale of "indoor blow guns," but does not outlaw the carrying or possession of them unless subsection (6) applies on its face. As to section 265.01-a(6), it is a Class A misdemeanor if a person "possesses such device with the intent to use it unlawfully against another person."
Consequences for Carrying a Batons and Truncheons
Penalties for Illegal Possession of Collapsible Baton in New York
Carrying a baton that collapses is treated similarly to most other weapons, such as knives, by New York State. The law considers that there are deadly weapons and dangerous instruments. Where a collapsible baton falls in that spectrum can effect the penalties for possession. A collapsible blunt weapon, such as a billy club or a nunchaku, is technically called a "dangerous weapon." In contrast, a switchblade knife, cane sword, metal knuckles, or Kung-fu star, is called a "deadly weapon." Whether a baton is a "dangerous instrument" or a "deadly weapon" effects the legal penalties for carrying it.
In New York, possession of a dangerous weapon carries a lesser penalty that possession of a deadly weapon. Nunchaku, for example, are defined as dangerous weapons in New York Penal Law §265.01(2). This is in contrast with, say, knives, which are considered deadly weapons. New York Penal Law §265.20(5) classifies possession of a nunchaku in certain situations as a violation instead of a felony. Violation penalties are, generally speaking, a $250 fine and no more than 15 days of/or probation, rather than state prison time.
When it comes to the collapsible baton, it is not defined in the Penal law as a dangerous instrument; so it’s treated like possession of a knife. In New York, a collapsible baton is essentially illegal to carry under Penal Law §265.01. Any individual who possesses a collapsible baton or any "other dangerous instrument" commits a Class A misdemeanor. A Class A misdemeanor carries a maximum sentence of one year in jail, as well as a fine of up to $1,000.
For the reasons above, the penalties for illegal possession of a collapsible baton and a knife are the same, though the possession of a knife results in an automatic misdemeanor charge; while it is possible for a dangerous instrument to be lowered to a violation, depending on the circumstances.
Exemptions and Similar Legal Tools
Some exceptions do exist, and one important thing to remember is that for a collapsible baton to be classified as an "expandable metal baton" it must actually have an expand mode. If it does not have that feature, then it is legal. Even if the collapsible baton does have an expand mode, it can still be legal to own or possess under various circumstances.
For example, if you are a law enforcement officer and your job requires you to carry or use an expandable metal baton, which is a "collapsible baton," then the law excludes you from the prohibition against possession of a collapsible baton. An important point, however, is that the exclusion only applies if you are acting in accordance with your official duties.
If your job does not require you to carry or use a collapsible baton, and you are not a law enforcement officer, then you should understand that without an (suitable) exemption you will be required to get a specific carry permit for the collapsible baton , which is essentially a concealed weapon permit. Given that the standard for obtaining a license under Penal Law 400.00 is, to say the least, demanding, obtaining the necessary permit may prove impossible.
Okay, so the question becomes whether any alternatives exist to the collapsible baton. Of course, the best advice is not to go without any weapon. Even if you cannot carry one type of weapon, there are other options that may prove viable.
One of the other options is to explore your right to carry a firearm. You may be surprised to learn that getting a gun permit may be easier than obtaining a collapsible baton carry permit. The reason is that the high standard for getting a gun carry permit is irrelevant to the legal classification of the collapsible baton, whereas gun carry permits are completely related to the classification of the weapon.
Tips for New Yorkers to Remember
Considering the risks associated with collapsible batons in New York, it seems clear that the purchase, ownership, and use of these self-protection items by any civilian, even one who lives in a state where they are legal, is a risky one fraught with potential legal problems and outcomes. The best advice, then, for any New Yorker considering a collapsible baton for self-defense, is not to buy one. In fact, given the risks associated with carrying any type of weapon, we would recommend that New Yorkers leave these items at home or at their vacation homes in states where they are legal to possess and use. If you elect to carry a collapsible baton in public, do so only if there is no other option available to you. And if you use one, even for self-defense purposes, make sure you are familiar with the laws in your town concerning their use. With self-defense weapons, there is always a chance that those weapons could be used against you, especially in cases where they are illegal. Therefore, you should know what to expect and be prepared to defend yourself if you should find yourself on trial for something you did out of self defense.
A Comparison with the Laws of Other States
For the most part, the way New York handles collapsible batons is different from the way other states handle them. Carrying a collapsible baton in New York, for example, is considered a misdemeanor in the 4th degree (an E misdemeanor). Conversely, Sec. 10-11.2 of New Jersey’s illegal weapons possession code details an assortment of weapons such as throwing stars, nunchaku, metal knuckles and similar items and then says plainly, "and all other dangerous weapons or prohibited devices." The list, in addition to being a long one, is onerous because it only allows for dangerous knives, however the term is not defined, but not batons. Thus, while the batons are legal in NJ, carrying knives is not. New York has a detailed article on "metal knuckles" and how they are prohibited, whereas its neighboring state has no mention of them at all . In Pennsylvania, collapsible batons are illegal as well as any "any instrument, device or substance that is designed, marketed or otherwise intended for use as a weapon or capable of injury or death." However, the list of weapons clearly lists "bludgeon" and "blackjack" but remains quiet about batons, making the law uncertain for any Pennsylvanian who has chosen to pack their collapsible baton for a late commute in Philadelphia. You get pulled over after forgetting to remove it from your pocket before running out of the car, or are caught in an argument with your friend and decide to seek some "protection" from an attacker – what then? The law does not help out much. The state of Connecticut remains silent for the most part on the legality of collapsible batons.