View Full Version : expandable baton legality in va.

March 3, 1999, 07:57 PM
after months of waitng to get my ccw, i'm trying to find out if i can carry an LTL alternative to my carry gun. having taken FMAs previously, i'm considering a 16" asp baton or an asp cs baton. after researching va law, i find that expandable batons are not explicitly prohibited,(except under the guise of those dinky spring loaded batons)but am confused by that catch-all section "...any weapon of like kind enumerated in this sub-section"(18.2-308) and i'm wondering if anyone was aware of the legality of carrying the baton/capsicum and of any cases/case-law to support it?

BTW, i carry a .45 cal 1911a1 along with a benchmade 710 (axis) for general "utilty purposes" just to cover the "what do you carry" thread

March 3, 1999, 09:44 PM
Kampilan -

Be aware that your VA permit is a Concealed Handgun permit. Thats it, you can only carry a handgun concealed under the permit, nothing else. Unfortunately the CHP language is buried in the section of the code that deals with weapons it is illegal to carry concealed, so the CHP part looks as if it covers things other than a handgun.

Now as to the basic legality of carrying an ASP type baton. Check with the local LE agencies, and the state police. Also a call to the local DA's office might be smart. Remember that LEO's are paid to enforce the law, lots of them, and many may not have a good interpration of the intricacies of a specific law. This is why the DA is a better bet in my mind, unless you know a good lawyer who practices in this area.

By the way Alan Korwins book on Virginia Gun Laws is an invaluable resource for this kind of thing.
Hope this helps.

Freedom is not Free

[This message has been edited by ATM (edited March 03, 1999).]