Baton Carry in NJ in 2013 (Legality, the meaning of 'concealed' and 'location'
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Thread: Baton Carry in NJ in 2013 (Legality, the meaning of 'concealed' and 'location'

  1. Baton Carry in NJ in 2013 (Legality, the meaning of 'concealed' and 'location'

    Hi. Does anyone have any authoritative information on the legality of collapsible ASP-type baton carry in NJ in 2013.

    I have seen people confidently state that it IS legal, and others that is is NOT legal. LEOs seem to be on both sides of the fence.

    And.. for a baton.. what is 'concealed'? Do you have to have it out in the open? Surely that would be potentially 'threatening. But in a pocket, or on a belt under a jacket could be said to be 'concealed'.

    Lastly, any difference in law between having one in the home or having one when out and about?

    Any guidance would be great. :-)

  2.   
  3. #2
    New Jersey Expandable Baton Laws

    Here are the laws regarding weapons in New Jersey. Most places consider a billy and expandable baton the same thing so the law would likely apply to all batons and other bludgeons.

    New Jersey - Code of Criminal Justice

    - 2C:39-3 Prohibited Weapons and Devices...

    e. Certain weapons. Any person who knowingly has in his
    possession any gravity knife, switchblade knife, dagger,
    dirk, stiletto, billy, blackjack, metal knuckle, sandclub,
    slingshot, cestus or similar leather band studded with
    metal filings or razor blades imbedded in wood, ballistic
    knife, without any explainable lawful purpose, is guilty
    of a crime of the fourth degree.

    - 2C:39-1 h. "Gravity knife" means any knife which has a
    blade which is released from the handle or sheath thereof
    by the force of gravity or the application of centrifugal
    force... p. "Switchblade knife" means any knife or similar
    device which has blade which opens automatically by hand
    pressure applied to a button, spring or other device in
    the handle of the knife... u. "Ballistic knife" means any
    weapon or other device capable of lethal use and which can
    propel a knife blade.

    - 2C:39-4. Possession of weapons for unlawful purposes...
    d. Other weapons. Any person who has in his possession any
    weapon, except a firearm, with a purpose to use it
    unlawfully against the person or property of another is
    guilty of a crime of the third degree.

    - 2C:39-5. Unlawful Possession of Weapons... d. Other weapons.
    Any person who knowingly has in his possession any other
    weapon under circumstances not manifestly appropriate for
    such lawful uses as it may have is guilty of a crime of
    the fourth degree.
    - - e. Firearms or other weapons in educational institutions...
    (2)Any person who knowingly possesses any weapon enumerated
    in paragraphs (3) and (4) of subsection r. of N.J.S.2C:39-1
    or any components which can readily be assembled into a
    firearm or other weapon enumerated in subsection r. of
    N.J.S.2C:39-1 or any other weapon under circumstances not
    manifestly appropriate for such lawful use as it may have,
    while in or upon any part of the buildings or grounds of any




    school, college, university or other educational institution
    without the written authorization of the governing officer
    of the institution is guilty of a crime of the fourth degree.




    - 2C:39-6. f. Nothing in subsections b., c. and d. of N.J.S.2C:39-5
    shall be construed to prevent... (2) A person carrying a firearm
    or knife in the woods or fields or upon the waters of this State
    for the purpose of hunting, target practice or fishing, provided
    that the firearm or knife is legal and appropriate for hunting
    or fishing purposes in this State and he has in his possession
    a valid hunting license, or, with respect to fresh water fishing,
    a valid fishing license;

    (3) A person transporting any firearm or knife while traveling:
    (a) Directly to or from any place for the purpose of hunting or
    fishing, provided the person has in his possession a valid
    hunting or fishing license; or



    - 2C:39-9. d. Weapons. Any person who manufactures, causes to
    be manufactured, transports, ships, sells or disposes of
    any weapon including gravity knives, switchblade knives,
    daggers, dirks, stilettos... is guilty of a crime of the
    fourth degree.

    - 2C:39-9.1... Any person who sells any hunting, fishing,
    combat or survival knife having a blade length of five
    inches or more or an overall length of 10 inches or more
    to a person under 18 years of age commits a crime of the
    fourth degree...

    New Jersey Case Law:
    - "Concealment was not a necessary element of the offense of
    carrying a dangerous knife." (1973)
    - "Concealment of weapon at time of incident constituted
    important factor of offense of possession of dangerous
    knife." (1971)

    -------------------------------------

    These are expandable baton laws for New Jersey. Basically there is a huge grey area. You really can't carry them unless you have a lawful purpose to be carrying the baton. In these cases, you may be arrested and at the same time you may be found not guilty. I would suggest not carrying an expandable baton in NJ. I am not an lawyer and one should be consulted before risking carrying an expandable baton in Jersey.

  4. Thank you for this. Yes, this 'huge grey area' seems to be it.

    Do you have any thoughts on their carry/use within the home?

  5. #4
    Do what you want within the confines of your home as long as you legally acquired the device. Keep children safe.
    NRA,NAGR,NGO
    "...to disarm the people ― that was the best and most effectual way to enslave them." (George Mason, 3 Elliot, Debates at 380)

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