mortablunt
Member
I bought a 16 inch steel folding police baton at the gun show today. I am thinking of bringing it back to college with me as a discrete emergency tool, just in case. What is the legality of this? Help appreciated please.
Baton Legality in Maryland
- Thread starter mortablunt
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Sam Cade
Member
Weapons
§ 36. (a)
(1)Every person who shall wear or carry any dirk knife, bowie knife, switchblade knife, star knife, sandclub, metal knuckles, razor, nunchaku, or any other dangerous or deadly weapon of any kind, whatsoever (penknives without switchblade and handguns, excepted) concealed upon or about his person, and every person who shall wear or carry any such weapon, chemical mace, pepper mace, or tear gas device openly with the intent or purpose of injuring any person in any unlawful manner, shall be guilty of a misdemeanor, and upon conviction, shall be fined not more than $1,000 or be imprisoned in jail, or sentenced to the Maryland Department of Correction for not more than three years.
§ 36. (a)
(1)Every person who shall wear or carry any dirk knife, bowie knife, switchblade knife, star knife, sandclub, metal knuckles, razor, nunchaku, or any other dangerous or deadly weapon of any kind, whatsoever (penknives without switchblade and handguns, excepted) concealed upon or about his person, and every person who shall wear or carry any such weapon, chemical mace, pepper mace, or tear gas device openly with the intent or purpose of injuring any person in any unlawful manner, shall be guilty of a misdemeanor, and upon conviction, shall be fined not more than $1,000 or be imprisoned in jail, or sentenced to the Maryland Department of Correction for not more than three years.
W.E.G.
Member
You will be crucified in court if you use that thing as weapon and you hurt somebody with it.
You do not have training for it.
It is intended to be used (per the manufacturer) by persons who have training.
There is no place for you to get training.
I recommend you lose it somewhere in the basement as soon as you can.
You do not have training for it.
It is intended to be used (per the manufacturer) by persons who have training.
There is no place for you to get training.
I recommend you lose it somewhere in the basement as soon as you can.
Sam Cade
Member
There are probably a dozen places that offer baton certs in Maryland, though none of them would make it legal for him to carry or use the weapon.
W.E.G.
Member
For non LEO's or registered security guards?
If it is a cheap piece of junk, they're all a wast of money.
If it is a quality baton, there are much better options for you. Try reading the threads here on "sticks".
Regardless, you've wasted your money.
If it is a quality baton, there are much better options for you. Try reading the threads here on "sticks".
Regardless, you've wasted your money.
Here is the current statute: http://mlis.state.md.us/asp/statutes_respond.asp?article=gcr§ion=4-101&Extension=HTML
I'm going to paste a response I gave to this same query previously:
The law doesn't clearly state they're illegal to carry, nor does it clearly state they're legal.
I know legalese gives people fits, so I will sum up as best I can in lay terms.
1. Maryland has absolutely no restrictions on the private ownership batons. Indeed, they have no restrictions on ownership of most non-firearm weapons. It's even legal to own a switchblade.
2. Title 4-101 only makes it illegal to carry particular weapons concealed or openly with intent to unlawfully injure (i.e. brandishing or threatening another person in a non-self-defense situation). Open carry of batons is legal. When I was a guard, I carried an ASP on my belt. I had no certs or permits, but LEOs would come by everyday to chat or haul away people we detained, and never said anything.
3. In Title 4-101, there is a list of weapons provided, but none of them are baton-like. This means a baton is not a "per se" weapon (not explicitly named in law). There is a vague "dangerous weapon" that may be be applied to any purpose made weapon, but several officers have told me that because it is not a "per se" weapon, the court must prove intent to commit a crime for a CDW charge to stick.
4. 4-101 contains a defense to raise in court against a CDW charge: "an individual who carries the weapon as a reasonable precaution against apprehended danger" is not in violation of this statute. This is a defense against a charge, not a free pass to avoid arrest.
Currently, I live in MD and occasionally carry a 16.75" Monadnock Autolock (they're heavier than ASPs and close with a button) or an ASP Agent (in summer). It is a calculated risk I take because I have never encountered a case where a person was arrested, much less convicted, for no other reason than they were carrying a baton. But, there is no guarantee a LEO I meet is going to be as well versed in the law as I am. There are several prominent cases of arrests that result in nolle prosequi (case dismissed without trial).
So the choice to carry is up to you. Could you be arrested? It's possible, assuming you do something to attract police attention in the first place. In 10 years it has yet to happen to me. Would you be convicted? Not very likely, but not impossible either.
[End Quote]
Now, if you bring it to college, that is another matter. Colleges have their own policies, and only you student handbook or you campus police can tell you if it's permitted to have something like this on campus. If you ask the campus PD though, make them cough it up in writing. Too many times you ask police this kind of thing you get a flat "not allowed" with out anything to back that up other than the officer's personal opinion.
I also concur wholeheartedly with HSO's comment: Cheap junk is a liability. If you paid under $40 for it, you just bought a cheap novelty that will break or get jammed after 2 or 3 hits.
I'm going to paste a response I gave to this same query previously:
The law doesn't clearly state they're illegal to carry, nor does it clearly state they're legal.
I know legalese gives people fits, so I will sum up as best I can in lay terms.
1. Maryland has absolutely no restrictions on the private ownership batons. Indeed, they have no restrictions on ownership of most non-firearm weapons. It's even legal to own a switchblade.
2. Title 4-101 only makes it illegal to carry particular weapons concealed or openly with intent to unlawfully injure (i.e. brandishing or threatening another person in a non-self-defense situation). Open carry of batons is legal. When I was a guard, I carried an ASP on my belt. I had no certs or permits, but LEOs would come by everyday to chat or haul away people we detained, and never said anything.
3. In Title 4-101, there is a list of weapons provided, but none of them are baton-like. This means a baton is not a "per se" weapon (not explicitly named in law). There is a vague "dangerous weapon" that may be be applied to any purpose made weapon, but several officers have told me that because it is not a "per se" weapon, the court must prove intent to commit a crime for a CDW charge to stick.
4. 4-101 contains a defense to raise in court against a CDW charge: "an individual who carries the weapon as a reasonable precaution against apprehended danger" is not in violation of this statute. This is a defense against a charge, not a free pass to avoid arrest.
Currently, I live in MD and occasionally carry a 16.75" Monadnock Autolock (they're heavier than ASPs and close with a button) or an ASP Agent (in summer). It is a calculated risk I take because I have never encountered a case where a person was arrested, much less convicted, for no other reason than they were carrying a baton. But, there is no guarantee a LEO I meet is going to be as well versed in the law as I am. There are several prominent cases of arrests that result in nolle prosequi (case dismissed without trial).
So the choice to carry is up to you. Could you be arrested? It's possible, assuming you do something to attract police attention in the first place. In 10 years it has yet to happen to me. Would you be convicted? Not very likely, but not impossible either.
[End Quote]
Now, if you bring it to college, that is another matter. Colleges have their own policies, and only you student handbook or you campus police can tell you if it's permitted to have something like this on campus. If you ask the campus PD though, make them cough it up in writing. Too many times you ask police this kind of thing you get a flat "not allowed" with out anything to back that up other than the officer's personal opinion.
I also concur wholeheartedly with HSO's comment: Cheap junk is a liability. If you paid under $40 for it, you just bought a cheap novelty that will break or get jammed after 2 or 3 hits.
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Carl Levitian
member
Hey mort,
As a life long inmate of the Peoples Republik Of Maryland, I can tell you to follow the advise of poster W.E.G. to to the letter. Get caught carrying it, and you will be going to jail, or at least to the station until they check with a magistrate. Either way, it will ruin your day/night. If a magistrate finds against you, then comes the call to a bondsman. Things get expensive real quick.
If you are worried and you're in a dorm room, go to Walmart and get a 4 D cell Maglite LED. It's a flashlight with no ulterior obvious use. At the same time, get yourself a AA mini Maglight and slip it in your pocket. It makes a great kuboton, and it really does get dark every night. You may find it's actually handy to have a flashlight in your pocket.
Go out in the woods and cut a length of hornbeam. Make a hiking staff about high as your lowest rib. Put a cord wrap in one end as a handle and a rubber table foot from the hardware store on the other end, and call it your hiking staff. Does not matter if you never go hiking, it's under the radar like all your non firearm weapons ought to be. Make all you're self defense tools things that have a real world non weapon use. Like a flashlight, hiking staff, cane, baseball bat. It will look waaaay better in court, save you a bundle on lawyers fee's, and will not attract any attention from the wrong people.
In Maryland, the key phrase to remember is "plausible deniability."
Most of all, get some training at a martial arts do-jo in staff and stick work.
Carl.
As a life long inmate of the Peoples Republik Of Maryland, I can tell you to follow the advise of poster W.E.G. to to the letter. Get caught carrying it, and you will be going to jail, or at least to the station until they check with a magistrate. Either way, it will ruin your day/night. If a magistrate finds against you, then comes the call to a bondsman. Things get expensive real quick.
If you are worried and you're in a dorm room, go to Walmart and get a 4 D cell Maglite LED. It's a flashlight with no ulterior obvious use. At the same time, get yourself a AA mini Maglight and slip it in your pocket. It makes a great kuboton, and it really does get dark every night. You may find it's actually handy to have a flashlight in your pocket.
Go out in the woods and cut a length of hornbeam. Make a hiking staff about high as your lowest rib. Put a cord wrap in one end as a handle and a rubber table foot from the hardware store on the other end, and call it your hiking staff. Does not matter if you never go hiking, it's under the radar like all your non firearm weapons ought to be. Make all you're self defense tools things that have a real world non weapon use. Like a flashlight, hiking staff, cane, baseball bat. It will look waaaay better in court, save you a bundle on lawyers fee's, and will not attract any attention from the wrong people.
In Maryland, the key phrase to remember is "plausible deniability."
Most of all, get some training at a martial arts do-jo in staff and stick work.
Carl.
Sam Cade
Member
Sure. Why would an instructor turn away any paying student?
It's not like proper use of a baton is some occult subject known only to a select few who were trained on the peak of Mount Kailash in Tibet.
W.E.G.
Member
I can think of several reasons.
But, there may be schools that take whoever walks in the door.
But, there may be schools that take whoever walks in the door.
Sam,
There are instructors that view the baton as an LE only tool and won't training anyone, including security officers, in the use. Others add security personnel to the list and others will train anyone. Some folks won't do just anything for money.
There are instructors that view the baton as an LE only tool and won't training anyone, including security officers, in the use. Others add security personnel to the list and others will train anyone. Some folks won't do just anything for money.
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bikerdoc
Moderator In Memoriam
What Carl and HSO said !!!
Also think about an old wooden dustbrush, rolling pin, lamp. whatever, just get some training.
Also think about an old wooden dustbrush, rolling pin, lamp. whatever, just get some training.
thebaldguy
Member
I think carrying a concealed baton is illegal in most places.
Pepper spray and a legal knife may be a more legal option.
Pepper spray and a legal knife may be a more legal option.
Sam Cade
Member
The long black badge. lol.
I wrote a paper on that years ago. "Social Identity and American Law Enforcement".
The interviews were.....enlightening.
http://en.wikipedia.org/wiki/Collective_narcissism
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Interesting. As someone primarily in mental health, I've had the exact same theory for many years, but never liked to bring it up because I had a pretty good idea what the reaction would be. Don't get me wrong, as a general rule I like LEOs. But there's no denying at least some psychological patterns in certain occupations.
W.E.G.
Member
I can't break loose a wheel nut with the factory-supplied wrench for love nor money.
Got a-correctly-sized impact socket for the nut, and one of these for each car.
Its definitely NOT a weapon.
Got a-correctly-sized impact socket for the nut, and one of these for each car.
Its definitely NOT a weapon.
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Sam Cade
Member
I found that the larger the Dept. the more likely you were to find individuals whose identities were dominated by the ingroup/outgroup dynamic.
There was one metro department that had a couple officers distressed by the fact that the local EMTs were wearing BDUs and bloused combat boots, "JUST LIKE US!!"
Sam Cade
Member
Owen Sparks
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Get a little league sized baseball bat along with a glove and a ball. Keep it on the front seat of your car in plain view. The cops can't prove you were not taking your little brother to little league practice. Walking canes are also legal everywhere. Get the heaviest one that you can find and learn how to use it.
Owen Sparks
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BTW, the best way to use a stick or club is to targt the opponants limbs and stay off the head and neck. Your goal is to disable him and get away. Whatever you choose get the heaviest object that you can use with one hand and no heavier! For the average adult male that should be about one solid pound.
mortablunt
Member
Thanks for the advice. The baton is staying at home for the moment until I become more certain about policies and allowances. Luckily, I did not buy a liability piece of junk. End thread.
Thread closed per OP request....
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