ASP batons

[dutyofdefense]

Does anyone know the legality of carrying an ASP baton? I keep one in my truck at all times for non-lethal defense, but I am sure this would be considered a concealed weapon (as a handgun not in plain sight in a vehicle would be considered concealed). I am wondering if this is legal now.

[Waltherfan]

My understanding is that CCW applies to firearms only.

[Phantom]

I think you'd have to wait on repeal of any laws dealing with them

Like they are doing in Kansas in regards to their law dealing with sharp pointy things (switchblades and automatic knifes, dirts and such)

I think Kansas has correctly seen that under District of Columbia v. Heller, 554 U.S. 570 (2008),   and McDonald v. Chicago, 561 U.S. ___ (2010), that Sharp pointy things may well be upheld to be Arms as well under the second amendment.

And they are being proactive in removing laws restricting those from state law rather then maybe having to fight them in appeals or Supreme Court of the United States.

So for now you have to treat them as they have been in the past. Unless your in Omaha then I'd say they may not be allowed as concealed or open carry with or without a CCW or "Omaha Permit"  If the state allows carring this then Open carry might be allowed .....

But better to be safe then sorry it's best to contact your lawyer and get real legal advice on this.
and then figure Omaha law may be diffrent then State law on this 
 

[bullit]

A "CCW" permit does not apply because no such permit exists as far as being issued by the State of Nebraska. We do have a Concealed Handgun Permit.

[DanClrk51]

28-1201. Terms, defined.

For purposes of sections 28-1201 to 28-1212.04, unless the context otherwise requires:

(1) Firearm means any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or frame or receiver of any such weapon;

(3) Handgun means any firearm with a barrel less than sixteen inches in length or any firearm designed to be held and fired by the use of a single hand;

(5) Knife means any dagger, dirk, knife, or stiletto with a blade over three and one-half inches in length or any other dangerous instrument capable of inflicting cutting, stabbing, or tearing wounds;

28-1202. Carrying concealed weapon; penalty; affirmative defense.

(1)(a) Except as otherwise provided in this section, any person who carries a weapon or weapons concealed on or about his or her person, such as a handgun, a knife, brass or iron knuckles, or any other deadly weapon, commits the offense of carrying a concealed weapon.

(b) It is an affirmative defense that the defendant was engaged in any lawful business, calling, or employment at the time he or she was carrying any weapon or weapons and the circumstances in which such person was placed at the time were such as to justify a prudent person in carrying the weapon or weapons for the defense of his or her person, property, or family.

(2) This section does not apply to a person who is the holder of a valid permit issued under the Concealed Handgun Permit Act if the concealed weapon the defendant is carrying is a handgun.

(3) Carrying a concealed weapon is a Class I misdemeanor.

(4) In the case of a second or subsequent conviction under this section, carrying a concealed weapon is a Class IV felony.


....Therefore under the wording of the law you may be charged with the offense of carrying a concealed weapon. I know two law enforcement officers and both have said they would not charge a person if they were carrying a baton concealed but they cannot speak for all officers. Some cops are just going to be dicks and will throw the book at you and others won't bother. Now if you did commit a serious crime in addition to carrying the baton they would of course throw the whole book at you.
But just remember that almost any object can be a deadly weapon if employed for that purpose such as a pen or pencil. Is the cop going to arrest you for carrying a pencil in your pocket? No. But if you try to stab someone with that pencil they will then in addition to the murder/attempted murder charges add carrying concealed weapon to the list of charges.

[depserv]

Carry a toolbox in your car with a framing hammer in it, among other tools of course.  Or a baseball bat, along with a baseball and glove.  I'd take either of those instead of an asp any day.

If you want nonlethal defense, pepper spray is probably as good as an asp, if not better. 

And the cardinal rules no matter what you carry: keep a low profile, don't act like a punk, don't create a disturbance, and be calm and respectful when you deal with other people, especially police.  And don't be afraid to walk away from a fight: we pay good money to have police take care of those things for us, so there's no reason to get your own hands dirty.  Unless you can't walk away.

As was pointed out above, if you use it as a weapon, the law will consider it a weapon.  If you mind your own business and don't cause a problem, you shouldn't have a problem.

Unless you run across a Barney Fife, in which case the asp might be a problem.  But a toolbox or sports equipment shouldn't be a problem even for Barney Fife, as long as you have a good reason for them to be there, and you follow the cardinal rules.