Carrying a expandable baton???
Posted: Fri Aug 21, 2009 10:44 pm
I have searched about everywhere that I can think of and can't find an answer. Is it legal in Ohio to carry a expandable baton concealed???
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Next, they define a deadly weapon in 2923.11 Weapons control definitions.(A) No person shall knowingly carry or have, concealed on the person’s person or concealed ready at hand, any of the following:
(1) A deadly weapon other than a handgun;
Now, an exapandable baton is certainly "capable of inflicting death". One can also argue that it "designed or specially adapted for use as a weapon"(A) “Deadly weapon” means any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon.
I think also somewhere in ORC it says you cannot carry(possibly only cannot carry concealed ?)2923.20 Unlawful transaction in weapons.
(A) No person shall:
(1) Recklessly sell, lend, give, or furnish any firearm to any person prohibited by section 2923.13 or 2923.15 of the Revised Code from acquiring or using any firearm, or recklessly sell, lend, give, or furnish any dangerous ordnance to any person prohibited by section 2923.13, 2923.15, or 2923.17 of the Revised Code from acquiring or using any dangerous ordnance;
(2) Possess any firearm or dangerous ordnance with purpose to dispose of it in violation of division (A) of this section;
(3) Manufacture, possess for sale, sell, or furnish to any person other than a law enforcement agency for authorized use in police work, any brass knuckles, cestus, billy, blackjack, sandbag, switchblade knife, springblade knife, gravity knife, or similar weapon;
(4) When transferring any dangerous ordnance to another, negligently fail to require the transferee to exhibit such identification, license, or permit showing him to be authorized to acquire dangerous ordnance pursuant to section 2923.17 of the Revised Code, or negligently fail to take a complete record of the transaction and forthwith forward a copy of that record to the sheriff of the county or safety director or police chief of the municipality where the transaction takes place;
(5) Knowingly fail to report to law enforcement authorities forthwith the loss or theft of any firearm or dangerous ordnance in the person’s possession or under the person’s control.
(B) Whoever violates this section is guilty of unlawful transactions in weapons. A violation of division (A)(1) or (2) of this section is a felony of the fourth degree. A violation of division (A)(3) or (4) of this section is a misdemeanor of the second degree. A violation of division (A)(5) of this section is a misdemeanor of the fourth degree.
Effective Date: 07-01-1996
It is not redily available on the internet but is at some libraries and Police departments. Besides reading the ORC, you have to read the "decided case law" as shown in Andersons "Pages". This is the reference for police and prosecutors who are deciding if they can charge you. I am a retired LEO and have read and used it myself. It has been decided a LONG time. A colapsible baton is the same as a billy club in the courts eyes. You WILL go to jail for carrying it. As far as keeping it in the car, this is the same as possesion, the same way that dope found in your car is possesion. You know, a jack handle is not as glamorous, but every car has one and it's legal. If you have time to dig it out, did you also have time to drive away? Inquiring Courts want to know! Get a CHL, stay in the car and use the gun if necessary under the terms of the "Castle Doctrine" Leave the sword fighting with batons to the Police.willbird wrote:I think also somewhere in ORC it says you cannot carry(possibly only cannot carry concealed ?)2923.20 Unlawful transaction in weapons.
(A) No person shall:
(1) Recklessly sell, lend, give, or furnish any firearm to any person prohibited by section 2923.13 or 2923.15 of the Revised Code from acquiring or using any firearm, or recklessly sell, lend, give, or furnish any dangerous ordnance to any person prohibited by section 2923.13, 2923.15, or 2923.17 of the Revised Code from acquiring or using any dangerous ordnance;
(2) Possess any firearm or dangerous ordnance with purpose to dispose of it in violation of division (A) of this section;
(3) Manufacture, possess for sale, sell, or furnish to any person other than a law enforcement agency for authorized use in police work, any brass knuckles, cestus, billy, blackjack, sandbag, switchblade knife, springblade knife, gravity knife, or similar weapon;
(4) When transferring any dangerous ordnance to another, negligently fail to require the transferee to exhibit such identification, license, or permit showing him to be authorized to acquire dangerous ordnance pursuant to section 2923.17 of the Revised Code, or negligently fail to take a complete record of the transaction and forthwith forward a copy of that record to the sheriff of the county or safety director or police chief of the municipality where the transaction takes place;
(5) Knowingly fail to report to law enforcement authorities forthwith the loss or theft of any firearm or dangerous ordnance in the person’s possession or under the person’s control.
(B) Whoever violates this section is guilty of unlawful transactions in weapons. A violation of division (A)(1) or (2) of this section is a felony of the fourth degree. A violation of division (A)(3) or (4) of this section is a misdemeanor of the second degree. A violation of division (A)(5) of this section is a misdemeanor of the fourth degree.
Effective Date: 07-01-1996
" brass knuckles, cestus, billy, blackjack, sandbag, switchblade knife, springblade knife, gravity knife, or similar weapon"
Bill
That is the best answer I have gotten so far. Pretty much what I was getting at was could you carry one on your person like you would a belt knife. Guess thats one weapon that I will be leaving at home. ThanksSaltcreek wrote:It is not redily available on the internet but is at some libraries and Police departments. Besides reading the ORC, you have to read the "decided case law" as shown in Andersons "Pages". This is the reference for police and prosecutors who are deciding if they can charge you. I am a retired LEO and have read and used it myself. It has been decided a LONG time. A colapsible baton is the same as a billy club in the courts eyes. You WILL go to jail for carrying it. As far as keeping it in the car, this is the same as possesion, the same way that dope found in your car is possesion. You know, a jack handle is not as glamorous, but every car has one and it's legal. If you have time to dig it out, did you also have time to drive away? Inquiring Courts want to know! Get a CHL, stay in the car and use the gun if necessary under the terms of the "Castle Doctrine" Leave the sword fighting with batons to the Police.willbird wrote:I think also somewhere in ORC it says you cannot carry(possibly only cannot carry concealed ?)2923.20 Unlawful transaction in weapons.
(A) No person shall:
(1) Recklessly sell, lend, give, or furnish any firearm to any person prohibited by section 2923.13 or 2923.15 of the Revised Code from acquiring or using any firearm, or recklessly sell, lend, give, or furnish any dangerous ordnance to any person prohibited by section 2923.13, 2923.15, or 2923.17 of the Revised Code from acquiring or using any dangerous ordnance;
(2) Possess any firearm or dangerous ordnance with purpose to dispose of it in violation of division (A) of this section;
(3) Manufacture, possess for sale, sell, or furnish to any person other than a law enforcement agency for authorized use in police work, any brass knuckles, cestus, billy, blackjack, sandbag, switchblade knife, springblade knife, gravity knife, or similar weapon;
(4) When transferring any dangerous ordnance to another, negligently fail to require the transferee to exhibit such identification, license, or permit showing him to be authorized to acquire dangerous ordnance pursuant to section 2923.17 of the Revised Code, or negligently fail to take a complete record of the transaction and forthwith forward a copy of that record to the sheriff of the county or safety director or police chief of the municipality where the transaction takes place;
(5) Knowingly fail to report to law enforcement authorities forthwith the loss or theft of any firearm or dangerous ordnance in the person’s possession or under the person’s control.
(B) Whoever violates this section is guilty of unlawful transactions in weapons. A violation of division (A)(1) or (2) of this section is a felony of the fourth degree. A violation of division (A)(3) or (4) of this section is a misdemeanor of the second degree. A violation of division (A)(5) of this section is a misdemeanor of the fourth degree.
Effective Date: 07-01-1996
" brass knuckles, cestus, billy, blackjack, sandbag, switchblade knife, springblade knife, gravity knife, or similar weapon"
Bill
How does that work out for you at 50 yards?jacksnack wrote:I could be just as effective with a baton as a gun...
Heard that one before and it does not work, The Court does not care what you told your wife to do. She is an adult and the Law say "DON'T do it". Why would you handicap your wife with a baton in the car when she can get a CHL and stay IN the car to use it. With a baton in the car, you have to get OUT of the car to use it. You have now engaged in what the Court refers to as "Mutual Combat" and are as equally guilty as the perpetrator. This is not guessing, I have seen it first hand.yogidave wrote:There is an ASP in my wife's car, If she has to use it then so be it. I would rather pay fines or pay for a good lawyer to keep her and my children alive and unraped. If questioned I will jump on the spearhead and tell the LEO that I told her to have it. A BG can have what ever he/she wants as a weapon why cant I?