State Baton Laws - Weapon Laws for Dummies (2024)

The following is a comprehensive compilation of the laws on civilian carry of batons, also called nightsticks or billy clubs, in each state of the US. The baton is a roughly cylindrical club weapon used predominately by law enforcement, corrections and security personnel as a less-than-lethal measure. This includes three major variants:

  • Straight stick - The oldest and simplest form, this is simply a stick 1-3 feet long, usually made of one material and having a grip at one or both ends. Some are formed to have a tapering shape so that more weight is at the striking end.
  • Side-handled - A design based approximately on the Japanese tonfa, this is a cylinder with a second handle perpendicular to the main shaft located above the grip. Sometimes called a "PR-24," though this is a commercial model name that simply fell into popular use.
  • Expandable - Also called a telescopic baton, this type consists of 2 or 3 shafts that slide into one another to reduce its size when not in use. Mechanisms vary; some lock open with friction, some use a ball-bearing system, and some are spring-loaded. Sometimes called an ASP, but this is actually the name of a company that makes a popular product line.

The following items are distinct from batons and will NOT be covered in this list to avoid confusion:

  • Blackjack - Also called a slapjack, sap, or cosh, blackjacks are short, mostly rigid club weapons consisting of a heavy metal weight enclosed in a covering, usually leather but sometimes other materials such as cloth, woven rope or plastic.
  • Slungshot - A broad term for a heavy weighted object at the end of a flexible chain, rope, cloth or leather pouch. While similar to blackjacks in basic principle, the shaft is flexible enough for the item to be rolled up and stored. Sometimes called a "sand club" or "sand bag" in legal contexts. Not to be confused with a slingshot, which is a projectile weapon using rubber bands.
  • Knuckles - Sometimes called knucks, these consist of a rigid item with holes for the fingers that, when held with a closed fist, present a hardened or even spiked surface across the knuckles to cause more damage with punches.
  • Nunchaku - also called numchucks, nunchaku are a martial arts weapon consisting of two cylinders joined by a rope, strap or chain.
  • Yawara/Kubotan/Pocket-stick - Short cylinder held in the fist that is used for hammer-fist strikes and pressure points.

Legend for this List

  • Legal - Carry is permitted either explicitly or any restriction is completely absent.
  • Illegal - Explicitly prohibited.
  • Vague - Law contains ambiguous language and no case law or Attorney General decision exists. See Comment.
  • With CHP - If having Concealed Handgun Permit affects legality (actual name of a firearm carry permit varies by state)
  • Other Permit - If a permit or certification other than a CHP can be obtained to carry.

NOTE: This list covers carry by people who are neither law enforcement nor corrections officers, in public places away from one's home, and does not cover carry on school property, government property, airports, or military installations. This list also does not cover local laws at the county or city level.

This page was created in mid-2016 as a lark and is not generally updated unless someone e-mails me about a law change. The only update I've made since that year is Texas in 2019. Please see the Contact page for my e-mail if you have another law change you would like reflected in this page.

StateOpen CarryConcealed CarryWith CHPOther PermitComment
AlabamaLegalLegalN/AN/A
AlaskaLegalLegal (21+ years old)N/AN/A
ArizonaLegalLegal (21+ years old)N/AN/A
ArkansasVagueVagueYesYesTechnically only illegal "with a purpose to employ as a weapon against a person"
CaliforniaIllegalIllegalNoYes
ColoradoLegalLegalN/AN/A
ConnecticutIllegalIllegalNoNoOn duty security guards may carry a baton.
DelawareLegalIllegalYesNo
District of ColumbiaLegalVagueNoNoIllegal to conceal "any deadly or dangerous weapon." Similar cases suggest general hostility to carry.
FloridaLegalIllegalYesNo
GeorgiaLegalLegalN/AN/A
HawaiiIllegalIllegalNoNoFish bats don't count, unless carried as a weapon
IdahoLegalVagueYesNoIllegal to conceal any "deadly weapon," but doesn't apply outside a city if 18+ years old or on private property with owner's permission.
IllinoisVagueVagueNo?Illegal to carry a billy "with intent to use the same unlawfully against another" or in a government building
IndianaLegalLegalN/AN/A
IowaLegalVagueYesNoIllegal to conceal any "dangerous weapon," which is very broadly applicable
KansasLegalIllegalNoNoIllegal to conceal a "billy."
KentuckyLegalIllegalYesNo
LouisianaLegalVagueNoNoIllegal to conceal any "instrumentality customarily used or intended for probable use as a dangerous weapon"
MaineLegalVagueNoNo
MarylandLegalVagueYesNoCould be a "dangerous or deadly weapon," but isn't named explicitly. Law has self-defense provision. Similar cases suggest state must prove criminal intent.
MassachusettsLegalLegalN/AN/AOnly prohibited when arrested on a warrant or during a breach of peace
MichiganVagueVagueNoNoIllegal to carry with intent to use unlawfully against another "any other dangerous or deadly weapon or instrument"
MinnesotaVagueVagueNoNoIllegal to possess any "dangerous article or substance for the purpose of being used unlawfully as a weapon against another"
MississippiLegalLegalN/AN/A
MissouriLegalVagueYesNoIllegal to conceal "any other weapon readily capable of lethal use"
MontanaLegalIllegalYesNo
NebraskaLegalVagueNoNoIllegal to conceal "any other deadly weapon," but burden lies with the state. Law has self-defense provision.
NevadaIllegalIllegalNoYesCan obtain written permission from the county sheriff
New HampshireLegalLegalN/AN/A
New JerseyIllegalIllegalNoYesGuards with CHP and training certification are permitted to carry
New MexicoVagueVagueYesNoIllegal to carry "any other type of deadly weapon"
New YorkIllegalIllegalNoNo
North CarolinaLegalVagueNoNo
North DakotaLegalIllegalYesNo
OhioLegalVagueNoNo
OklahomaIllegalIllegalNoNo
OregonLegalLegalN/AN/A
PennsylvaniaVagueVagueNoNoIllegal to possess "other implement for the infliction of serious bodily injury which serves no common lawful purpose." Case law indicates self-defense is not a "common lawful purpose."
Rhode IslandIllegalIllegalNoNoNo exception noted for private security
South CarolinaLegalVagueNoNoIllegal to conceal "a deadly weapon usually used for the infliction of personal injury"
South DakotaLegalLegalN/AN/A
TennesseeIllegalIllegalNoYes
TexasLegalLegalN/AN/A
UtahLegalLegalN/AN/A
VermontLegalLegalN/AN/A
VirginiaLegalVagueSpring-loaded baton is illegal, but could possibly be extended to any "weapon of like kind"
WashingtonLegalVagueNoNoIllegal to conceal "other dangerous weapon"
West VirginiaLegalLegalN/AN/A
WisconsinLegalIllegalYesNo
WyomingLegalVagueYesNoIllegal to conceal a "deadly weapon"

page revision: 28, last edited: 07 Jul 2020 11:18

EditTagsHistoryFilesPrintSite tools+Options

State Baton Laws - Weapon Laws for Dummies (2024)
Top Articles
Latest Posts
Article information

Author: Corie Satterfield

Last Updated:

Views: 6170

Rating: 4.1 / 5 (42 voted)

Reviews: 81% of readers found this page helpful

Author information

Name: Corie Satterfield

Birthday: 1992-08-19

Address: 850 Benjamin Bridge, Dickinsonchester, CO 68572-0542

Phone: +26813599986666

Job: Sales Manager

Hobby: Table tennis, Soapmaking, Flower arranging, amateur radio, Rock climbing, scrapbook, Horseback riding

Introduction: My name is Corie Satterfield, I am a fancy, perfect, spotless, quaint, fantastic, funny, lucky person who loves writing and wants to share my knowledge and understanding with you.