ASP baton in MA

[moojpg2]

i've been wondering if they are legal to carry in MA, I've been trying to pick apart the law and as far as i can come up with, it would be legal to carry, unless it was discovered after being arrested for disturbing the peace. here is the section of the law i am referring to.

(b) Whoever, except as provided by law, carries on his person, or carries on his person or under his control in a vehicle, any stiletto, dagger or a device or case which enables a knife with a locking blade to be drawn at a locked position, any ballistic knife, or any knife with a detachable blade capable of being propelled by any mechanism, dirk knife, any knife having a double-edged blade, or a switch knife, or any knife having an automatic spring release device by which the blade is released from the handle, having a blade of over one and one-half inches, or a slung shot, blowgun, blackjack, metallic knuckles or knuckles of any substance which could be put to the same use with the same or similar effect as metallic knuckles, nunchaku, zoobow, also known as klackers or kung fu sticks, or any similar weapon consisting of two sticks of wood, plastic or metal connected at one end by a length of rope, chain, wire or leather, a shuriken or any similar pointed starlike object intended to injure a person when thrown, or any armband, made with leather which has metallic spikes, points or studs or any similar device made from any other substance or a cestus or similar material weighted with metal or other substance and worn on the hand, or a manrikigusari or similar length of chain having weighted ends; or whoever, when arrested upon a warrant for an alleged crime, or when arrested while committing a breach or disturbance of the public peace, is armed with or has on his person, or has on his person or under his control in a vehicle, a billy or other dangerous weapon other than those herein mentioned and those mentioned in paragraph (a), shall be punished by imprisonment for not less than two and one-half years nor more than five years in the state prison, or for not less than six months nor more than two and one-half years in a jail or house of correction, except that, if the court finds that the defendant has not been previously convicted of a felony, he may be punished by a fine of not more than fifty dollars or by imprisonment for not more than two and one-half years in a jail or house of correction.

it never mentions the baton by name, and it only stipulates the billy club when being arrested on a warrant or for disturbing the peace.

I have to work in some sketchy areas and it would be some nice insurance, as i am not old enough for my class A . Just wondering the legality. I already have my FID and usually have Fox spray, and im looking at the new kimber life act, just wondering on the ASP since i have a couple and am trained to use it.

 

[Devonai]

I have spoken to at least one Massachusetts cop who told me that expandable batons are not legal to carry, but I agree that the law does not specify. I would get clarification from the police department of every town in or through which you plan on carrying the baton. If one of them says no, don't do it. Unless you can afford a lawyer and feel like being the test case, it's not worth it.

I am certain that non-expandable batons, clubs, bats, or staffs are legal in MA as long as you are not otherwise prohibited from carrying them. My companion of choice until I got my LTC Class A was a simple red oak bokken. I had to answer a couple of questions by curious cops but it was worth the hassle.

I am not a lawyer and I encourage you to consult your local police department for clarification.

 

[W.E.G.]

You're probably going to get arrested on a felony assault charge if you ever use it on somebody.

If you ever carry one of those things, you better take a class to find out EXACTLY what use the manufacturer approves. Then you better use it ONLY for the use recommended by the manufacturer. Rest assured, the Plaintiff's Attorney will have researched the recommended uses before he takes your deposition.

I think when you find out the restrictions on the recommended uses of the ASP, you won't want one.

 

[moojpg2]

i've already been through a course and am trained with the asp and have had to use it before. I have a couple of different ones, i used to work security in another state, im just questioning the legality here in MA, if i carried one here in MA i would treat it almost as if it were a firearm and it would be my highest escalation of force in a situation, it would be my last resort, SHTF weapon since i cannot carry a firearm yet.

I will definitely make an inquiry with the local pd, just figured there might be an LEO on here who knew a more definitive answer as my local pd are a bunch of power hungry hicks that I don't like to rely on.

Also in my experience, a lot of leo's will tell people it's illegal to carry anything they ask about just because they think people shouldn't carry anything. I've especially had that happen here in MA, many of the leo's here are very liberal, especially local. I don't think it's as bad with the troopers, but i could be wrong.

 

[Rexster]

Well, it clearly states a "billy" will get you in trouble, so what more needs to be said? A public argument with a pushy panhandler could be a breach of the peace, and responding officers may decide to throw the book at you, in order to restore the peace. I am not a lawyer, of course. In Texas, the operative word is "club." Do not expect an ASP to be OK just because a statute does not specify collapsible batons are illegal.

 

[moojpg2]

im going to consult a few area leo's and see what they say, if they say it's illegal for civilian carry, than i won't carry it. i still have my fox spray, and i usually carry my streamlight NF-2, so i'll continue to rely on that

im not concerned with what would happen after an altercation, if you strike someone with big college ring on your hand, or kick with a steel toe'd boot, even in defense, you will likely get arrested for felony assault in MA, they'd rather it get sorted out in court, it's just the way this crappy state tends to be, im more concerned with whether or not it would be legal just to carry. either way I'll probably keep one in my vehicle and take my chances if im in a bad spot on the north end,i have first hand experience with the batons and it's saved my butt before, i'd rather be in court than in the hospital.

i would like to just not work in shady areas, but i have to pay for college somehow, and i always end up going back to construction. I wish i could just carry around my 28oz framer, but that would be a little awkward.

 

[Boomerang]

"a billy or other dangerous weapon other than those herein mentioned..."

The problem is that you will be arrested.

You will not get your LTC from your chief because it's at his discretion and he will deny you because you've been previously arrested.

The kimber LifeAct is only two shots of pepper and it's not Fox 5.3.

 

[moojpg2]

im definitely going to stick with the Fox, the kimber definitely has too many disadvantages, especially only having two shots.

 

[Devonai]

On a side note, if you have any doubt that your local PD will give you a Class A, move to Beverly or another town with a good track record on LTCs. Carl at Four Seasons in Woburn can recommend other towns that may be closer to where you are now.

It sucks waiting for the big 2-1 to roll around, but you sound like you've got your act together so I think you'll make it.

 

[hso]

Here's the problem, you're asking for a legal interpretation from people that don't live in the jurisdiction, who don't have legal consulting credentials and then considering asking LEOs for a legal interpretation (again not layers or judges).

You can't get a usable answer.

Write a letter to the DA's office requesting an interpretation of the law and when they send it to you keep a copy with you if you decide to carry a baton.

Alternately, check with ASP directly and ask them.