Thread: Expandable Baton (ASP) Laws In Oregon ???

I was wondering if any of you have info/experience on certification training and/or laws regarding the legal concealed carry of expandable batons amongst civilians here in Oregon? I know that in some states they are not legal for civilian use at all and are viewed harshly.

The law is a bit vague on the matter of batons.

Under ORS 166.240, it is illegal to carry certain weapons concealed (it is not illegal to carry weapons other than firearms openly, mind you). What weapons?
"any knife having a blade that projects or swings into position by force of a spring or by centrifugal force, any dirk, dagger, ice pick, slungshot, metal knuckles, or any similar instrument by the use of which injury could be inflicted upon the person or property of any other person"

You will note that baton-like implements are never mentioned. However that last part "any similar instrument" could be interpreted by a police officer and the court to cover them.

Oregon's concealed carry licenses are called "Concealed Handgun Permits" (per 166.291) so they do not apply to weapons besides handguns.

So, because the law is not all that clear, carrying a baton for self-defense would be a calculated risk that only you can decide if you are willing to take, based on these pros and cons:

Pros:
-It is NOT illegal to carry it openly. A belt pouch is only considered open carry if no shirt, jacket or other clothing covers it and the pouch doesn't cover it from view.
-Vague laws are unconstitutional, under the principle of "vagueness doctrine." One could easily argue this in court as well.
-Having an ASP or other baton certification adds credibility to you as a person who only wants to defend themselves, not use it in a malicious manner.
-If you do carry concealed, police will in theory never catch you unless you behave in a blatantly stupid manner that attracts them to search you in the first place.

Cons:
-If you carry openly, you will be legally carrying, but you will also risk reactions from people around you. If someone calls the police, they will show up and give you a hard time in public and ask lots of uncomfortable questions. And if you get an officer who has a poor understanding of the law and "concealed," he may arrest you anyway.
-Batons require training to use properly. Just buying one and thinking you know what you're doing is an invitation to getting beaten with your own weapon.
Source(s):
http://www.leg.state.or.us/ors/166.html



also



You would need a concealed weapon's permit to carry it. Just like you would to carry brass knuckles concealed. If you were carrying it concealed. But unless you are ASP certified the courts will consider it a deadly weapon, the same as a knife or a gun. An ASP baton is only considered a "less lethal" force option if it's being used by someone who is trained and certified to use it in that manner.
Source(s):
10+ years law enforcement.

carry this: City Stick : Walking Sticks (Cold Steel)

or somthing similar....its totally legal in every state and per the ADA (americans with disabilites) act..no one can ask you what your disability is or refuse you entrance if your carrying it (including the TSA). which means you can fly with a cane.

Having carried an ASP for 12 years and hit a number of people with it in my career, I can tell you its a piece of crap...I have see them bent on people without getting the desired compliance..wooden stick or PR-24 is a different world tho

There are indeed far better expandable baton than ASP, such as the RCB Peacekeeper and Monadnock autolock.

+1 on the cane

"any other similar instrument" is way too broad, and an ASP is not "similar" to a smilie, brass knuckles, nor dirks or daggers. unless you're really doing something stupid, even if you find yourself searched, you're not going to have any problems.

Originally Posted by saxon

Oregon's concealed carry licenses are called "Concealed Handgun Permits" (per 166.291) so they do not apply to weapons besides handguns.

and, just to be argumentative... this is actually not wholly true, in Oregon. while it definitely applies to things like non-firearms, possessing an Oregon CHP nullifies all of 166.250... you can carry ANY loaded firearm in your vehicle and concealed on your person, if you have a CHP, according to 166.260, and furthermore, 166.262 actually, specifically, prohibits a law enforcement officer from arresting somebody possessing a valid CHP for violations of 166.250.

so, as i said, this has nothing to do with the OP's question, but i often hear it said "a concealed handgun permit means handgun," when it actually does give you a bit more liberty than that.