Is it really illegal to carry a collapsible baton in PA?

Question

I don't understand how it's legal to carry a stun gun(anywhere but in philly itself apparently) but illegal to carry a baton.can someone clear this up for me please.I have one and want to know if i can carry it on me for self defense.

Answer 1

I've look over PA's weapon law a few times, and it does read very strangely (Offensive weapons?  So my bowie knife with "****" engraved on one side is illegal?)

They consider all the following to be weapons:

"Any bomb, grenade, machine gun, sawed-off shotgun with a barrel less than 18 inches, firearm specially made or specially adapted for concealment or silent discharge, any blackjack, sandbag, metal knuckles"

"dagger, knife, razor or cutting instrument, the blade of which is exposed in an automatic way by switch, push-button, spring mechanism, or otherwise, or other implement for the infliction of serious bodily injury which serves no common lawful purpose."

There's no explicit mention of anything like an expandable baton, but cops and judges can be funny about how they interpret words.  It could be argued that a stun gun does NOT, under optimal circumstances, cause serious bodily injury.  They just hurt like h**l.  A baton can break bones, fracture the skull, and cause fatal blood clots in the limbs.  They're not meant too, but it's easier to kill somebody with a baton than a stun gun.

It's a shame and I feel for you, because I like batons, and they are legal where I live due to a loophole:  If they were ruled deadly weapons, cops would get sued for deadly force EVERY TIME they used their baton for anything.

One ray of hope I have is this could be an "intent" statute, meaning a baton would only be illegal if you have unlawful intent.  But there is no way to confirm that so you really should consult with a amicable police officer or the states attorney from a local court.  Often the district attorney's office will be willing to give answers on this, since they are the ones who prosecute people for breaking the law.

Answer 2

You'd have to know just how the PA statutes are interpreted. Many places, it depends on what the thing is. For instance, a baseball bat is just a baseball bat and not a "club." But a pipe is not just a pipe if you wrap tape around one end to make a grip. If clubs are illegal there, it's illegal to carry. It doesn't matter if your intent is self-defense. What matters is what its designed use is, and an ASP is designed to wack people.