March 12, 2011

Nightstick legality

In most countries, sworn law enforcement and military are legally entitled to wear or carry nightsticks and other purpose-built batons in public. However, the legality of non-law enforcement individuals wearing or carrying such devices in public varies greatly from country to country, and from jurisdiction to jurisdiction. 

Of course, what gets worn or used in private between consenting adults is another matter altogether...


The following nightstick restictions apply in the US, the UK and Canada according to Wikipedia (yah, I know, the lazy man's reference tool) (http://en.wikipedia.org/wiki/Baton_(law_enforcement)#Legality):


USA

In the United States, many states such as Arizona allow for legal carry in the absence of unlawful behavior or criminal intent. They are rarely banned specifically by name in law, though some jurisdictions such as California have general prohibitions against the carrying of all "club" weapons by non-law enforcement. Such jurisdictions will sometimes make exceptions for persons employed as security guards or bodyguards, will provide for permits to be obtained for legal carry, or make exceptions for persons who complete an appropriate training course.

UK

In the UK, batons are covered generally by the offensive weapons act which makes it illegal to carry items in public "made or adapted for use in causing harm to a person." They are listed as "friction lock truncheons" and are considered made offensive weapons. This means there is no excuse for having one in one's possession in a public place. non-extendable batons and truncheons are generally legal for anyone over 18 to buy, sell, and possess in the home. If purchased prior to the 2004 inclusion of batons, one may possess a baton in their home. As of 2004 extendable batons such as the Monadnock Autolock series of baton and the ASP are listed specifically in the Home Office list of prohibited weapons along with items such as "flick" knives, making them illegal to buy, sell, import, export and manufacture, however those that were brought before the ban are still legal to possess provided they do not leave private property.

CANADA

In Canada, there is no specific law that prohibits batons; except for the Kiyoga baton, which is defined as a prohibited weapon under a regulation entitled Regulations Prescribing Certain Firearms and other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted (also capable of being referred to by its registration number: SOR 98-462). However, it is a crime under section 90 of the Criminal Code of Canada to carry any weapon, including a baton, in a concealed fashion. Also, section 88(1) of the Code specifies that it is a criminal offence to possess a weapon for the purpose of committing an offence, or a purpose that is "dangerous to public peace". Consequently, if a person were to possess a baton and act in a manner that is perceived by the authorities as being overly aggressive, or that provokes others, they could possibly be charged with that offence.


"OK, Bro, you've provoked him long enough. Now let me provoke him for a while!

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