Personal protection; carrying concealed weapons; when lawful to carry.
A. If any person carries about his person, hidden from common observation, (i) any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material; (ii) any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack; (iii) any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; (iv) any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; or (v) any weapon of like kind as those enumerated in this subsection, he shall be guilty of a Class 1 misdemeanor.
Any ideas where the "baton" or "club" info might be found?
Firstly, the statute is only talking about hidden or concealed weapons. So carrying a bat or stick in the open isn't covered by this statute unless it's concealed from observation.
However it does state: "or (v) any weapon of like kind as those enumerated in this subsection, he shall be guilty of a Class 1 misdemeanor."
That expands the entire catagory of concealed weapons that can't be carried which then becomes a grey area.
Personally I don't think that a bat or baton is a weapon of a like kind, but if it's considered to be an instrument to whack someone in the head with, then it may indeed resemble one of the illegal weapons of a like kind by belonging to the catagory of weapons having
a similar function.
If a spring stick or a blackjack is interpreted as being designed to be used in a similar manner with the same purpose as a baton, then it could be argued that a club is illegal to be carried concealed.
It would be up to a jury to decide if the prosecutor was over-zealous and wanted to take it to trial, but it's important to be aware that the meaning of statutes are often interpreted to expand their text.
It's also possible that a cop would arrest or confiscate first and let the court sort it out later if such a baton was discovered and he felt that he had probable cause to be concerned about public safety.
Arrests and prosecutions occur within the context of an event or incident, and there can always be extenuating circumstances to cause increased concern.
If law enforcement thinks that someone was looking for trouble or intended to threaten, they can try to skew the law to prosecute as an example and to set a precedent.
These officials don't usually get into trouble for making "honest" mistakes either.
In general, the statute appears to exempt batons and clubs from concealed carry. But be extra careful because I'm not a lawyer and even if I was, that wouldn't make me the cop who might get upset and suspicious when he happens to find a baton concealed on your person.