Carrying a Baton in Philly

[cmanzi]

Hey all,

new to the site and had a question.. what's the legality of carrying an extending police baton in Philadelphia? e.g. ASP 21"

Thanks!

[King 5.45]

Hey all,

new to the site and had a question.. what's the legality of carrying an extending police baton in Philadelphia? e.g. ASP 21"

Thanks!

It's absolutely illegal in the Commonwealth of Pennsylvania unless you're doing so with training and legal authority:

§ 908.  Prohibited offensive weapons.
        (a)  Offense defined.--A person commits a misdemeanor of the
     first degree if, except as authorized by law, he makes repairs,
     sells, or otherwise deals in, uses, or possesses any offensive
     weapon.
        (b)  Exceptions.--
            (1)  It is a defense under this section for the defendant
        to prove by a preponderance of evidence that he possessed or
        dealt with the weapon solely as a curio or in a dramatic
        performance, or that, with the exception of a bomb, grenade
        or incendiary device, he complied with the National Firearms
        Act (26 U.S.C. § 5801 et seq.), or that he possessed it
        briefly in consequence of having found it or taken it from an
        aggressor, or under circumstances similarly negativing any
        intent or likelihood that the weapon would be used
        unlawfully.
            (2)  This section does not apply to police forensic
        firearms experts or police forensic firearms laboratories.
        Also exempt from this section are forensic firearms experts
        or forensic firearms laboratories operating in the ordinary
        course of business and engaged in lawful operation who notify
        in writing, on an annual basis, the chief or head of any
        police force or police department of a city, and, elsewhere,
        the sheriff of a county in which they are located, of the
        possession, type and use of offensive weapons.
            (3)  This section shall not apply to any person who
        makes, repairs, sells or otherwise deals in, uses or
        possesses any firearm for purposes not prohibited by the laws
        of this Commonwealth.
        (c)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Firearm."  Any weapon which is designed to or may readily be
     converted to expel any projectile by the action of an explosive
     or the frame or receiver of any such weapon.
        "Offensive weapons."  Any bomb, grenade, machine gun, sawed-
     off shotgun with a barrel less than 18 inches, firearm specially
     made or specially adapted for concealment or silent discharge,
     any blackjack, sandbag, metal knuckles, dagger, knife, razor or
     cutting instrument, the blade of which is exposed in an
     automatic way by switch, push-button, spring mechanism, or
     otherwise, any stun gun, stun baton, taser or other electronic
     or electric weapon or other implement for the infliction of
     serious bodily injury which serves no common lawful purpose.
        (d)  Exemptions.--The use and possession of blackjacks by the
     following persons in the course of their duties are exempt from
     this section:
            (1)  Police officers, as defined by and who meet the
        requirements of the act of June 18, 1974 (P.L.359, No.120),
        referred to as the Municipal Police Education and Training
        Law.
            (2)  Police officers of first class cities who have
        successfully completed training which is substantially
        equivalent to the program under the Municipal Police
        Education and Training Law.
            (3)  Pennsylvania State Police officers.
            (4)  Sheriffs and deputy sheriffs of the various counties
        who have satisfactorily met the requirements of the Municipal
        Police Education and Training Law.
            (5)  Police officers employed by the Commonwealth who
        have satisfactorily met the requirements of the Municipal
        Police Education and Training Law.
            (6)  Deputy sheriffs with adequate training as determined
        by the Pennsylvania Commission on Crime and Delinquency.
            (7)  Liquor Control Board agents who have satisfactorily
        met the requirements of the Municipal Police Education and
        Training Law.
     (Dec. 20, 1983, P.L.291, No.78, eff. imd.; July 6, 1984,
     P.L.647, No.134, eff. 90 days; July 11, 1985, P.L.235, No.58,
     eff. 60 days; Oct. 4, 1994, P.L.571, No.84, eff. 60 days; Nov.
     6, 2002, P.L.1096, No.132, eff. 60 days)

        2002 Amendment.  Act 132 amended subsec. (c).
        References in Text.  The act of June 18, 1974 (P.L.359,
     No.120), referred to as the Municipal Police Education and
     Training Law, referred to in the def. of "police officer," was
     repealed by the act of December 19, 1996, P.L.1158, No.177. The
     subject matter is now contained in Subchapter D of Chapter 23 of
     Title 53 (Municipalities Generally).
        Cross References.  Section 908 is referred to in section 6105
     of this title; section 3304 of Title 5 (Athletics and Sports).

[unloved]

It's absolutely illegal in the Commonwealth of Pennsylvania unless you're doing so with training and legal authority:

I disagree. A baton is not a blackjack. The words "club" or "baton" do not appear anywhere in Prohibited Offensive Weapons.

ETA: I am not aware of any Philly specific prohibition of batons but it is entirely possible that such exists.

[HiredGoon]

I disagree. A baton is not a blackjack. The words "club" or "baton" do not appear anywhere in Prohibited Offensive Weapons.

ETA: I am not aware of any Philly specific prohibition of batons but it is entirely possible that such exists.

I agree with that part... a blackjack is definitely not a baton.

However, an expandable baton, in its un-expanded state, might somewhat resemble a blackjack...couldn't it?

[unloved]

I agree with that part... a blackjack is definitely not a baton.

However, an expandable baton, in its un-expanded state, might somewhat resemble a blackjack...couldn't it?

I would say a closed telescoping baton most closely resembles a Kubotan, which are also perfectly legal.

[mjf]

Philly could have a law about it still, much like they do with having pocket knives.

[unloved]

Philly could have a law about it still, much like they do with having pocket knives.

Absolutely, just as "electronic incapacitation devices" are legal under state law, but prohibited by Philadelphia.

[King 5.45]

I disagree. A baton is not a blackjack. The words "club" or "baton" do not appear anywhere in Prohibited Offensive Weapons.

ETA: I am not aware of any Philly specific prohibition of batons but it is entirely possible that such exists.

This is where they'll hang you:

... or other implement for the infliction of serious bodily injury which serves no common lawful purpose.

I wish that we had a carry law that allowed us the same discretionary latitude as, say, Florida, but we are where we are. If you feel the need to butt heads with the legal system, go ahead, but I'm not springing your bail because you felt the urge to beat the law to within an inch of its death.

[adymond]

Just put on a spiffy all black uniform and stand around menacing polling stations and you are golden.

[gf45acp]

Somewhat off topic, but try standing around in an all black uniform in the summer, it sucks, hot as hell!