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