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Thread: Expandable Batons

  1. #1
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    Hey Guys,

    Im looking for any information that anyone can provide on a civilian owning an expandable baton in this state. I don't know, but I haven't seen anything prohibiting it, that's why I'm asking.

    Any info would be awesome, thanks.

    Gwee

  2. #2
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    Giustiniani wrote:
    Hey Guys,

    Im looking for any information that anyone can provide on a civilian owning an expandable baton in this state. I don't know, but I haven't seen anything prohibiting it, that's why I'm asking.

    Any info would be awesome, thanks.

    Gwee
    There's nothing specifically outlawing it; however, here are a few definitions from the Delaware criminal code:

    (4) "Dangerous instrument" means any instrument, article or substance which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury, or any disabling chemical spray, as defined in subdivision (6) of this section.

    (5) "Deadly weapon" includes a firearm, as defined in subdivision (11) of this section, a bomb, a knife of any sort (other than an ordinary pocketknife carried in a closed position), switchblade knife, billy, blackjack, bludgeon, metal knuckles, slingshot, razor, bicycle chain or ice pick or any dangerous instrument, as defined in subdivision (4) of this section, which is used, or attempted to be used, to cause death or serious physical injury. For the purpose of this definition, an ordinary pocketknife shall be a folding knife having a blade not more than 3 inches in length.

    My guess is it would probably fall into one of those catagories, in particular, a bludgeon. That being said, it would probably be lawful to open carry it; however, if it's concealed, you might need a CCDW.

    It seems a bit 'open' to interpretation.

    § 1443. Carrying a concealed dangerous instrument; class A misdemeanor.
    (b) It shall be a defense that the defendant was carrying the concealed dangerous instrument for a specific lawful purpose and that the defendant had no intention of causing any physical injury or threatening the same.

    So, if it's considered a 'dangerous instrument' it might be fine to conceal without. If you actually use that in the act of beating someone down, it would be seen as a Deadly Weapon.

    My interpretation (IANAL!), is if you're carrying it or carrying concealed, it's technically a 'Dangerous Instrument' until you actually attempt to use it, so you wouldn't need a licence to conceal. If you conceal and beat someone down without (outside of self-defense), you'd be charged with § 1442 Carrying a Concealed Deadly Weapon. If it was in self-defense, I believe they might not bother with filing charges at all if it was justified.

    Once again, IANAL.

  3. #3
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    So just from this, I can surmise that though they wont sell one to you because you arent law enforcement doesnt mean you cant OWN one. Also, newb to it but what is IANAL? I see 'anal' and I guess that means 'if they are anal about it' but idk.

    Thanks Wydner,

    Gwee

  4. #4
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    Giustiniani wrote:
    So just from this, I can surmise that though they wont sell one to you because you arent law enforcement doesnt mean you cant OWN one. Also, newb to it but what is IANAL? I see 'anal' and I guess that means 'if they are anal about it' but idk.

    Thanks Wydner,

    Gwee
    I
    Am
    Not
    A
    Lawyer

    Basically a disclaimer. And who won't sell you one? You can get anything from the Internet, hehehe.

  5. #5
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    I buy from Lawmens' on Rt 10 in DE off the North Gate of DAFB. They've been pretty good to me so far, good discounts because Im Military. They will not. But, you said, internet.

    Thanks for that answer, Ill have to call the AG or something and find out if there is any hard info on it.

    Gwee

  6. #6
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    Gotcha.

    Let me know what you hear. Delaware's laws a blisfully sparse -- the only statute that specifically refers to the word 'Baton' is an offense against attempting to remove the weapon, spray or baton from an officer.

    Hopefully, you'll get the same interpretation from them.

  7. #7
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  8. #8
    Regular Member dave_in_delaware's Avatar
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    Just to be sure, I'd call the AG's Office if I were you and ask the question specifically. Let the "pro's" look it up and give you a definitive answer.
    Dave
    Co-Founder & Global Moderator
    Delaware Open Carry

  9. #9
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    Giustiniani wrote:
    Hey Guys,

    Im looking for any information that anyone can provide on a civilian owning an expandable baton in this state. I don't know, but I haven't seen anything prohibiting it, that's why I'm asking.

    Any info would be awesome, thanks.

    Gwee
    If you do get one, get an ASP. I had one in the marines and they are to most durable whooping stick you can find.
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