Q: Is it legal for me to carry a collapsible baton in Oregon?
I have been thinking about getting a collapsible baton but I don't know if it's legal for me to carry it in public. Also I would like to know if there are any special requirements for me to own one.
Probably not -- a court would likely find it illegal.
Under ORS 166.240, it is illegal to carry certain weapons concealed: "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"
Baton-like instruments are not mentioned. "Any similar instrument" could be interpreted by a police officer or the court or both to cover such items and that is what I would expect.
Oregon's concealed carry licenses are called "Concealed Handgun Permits" and, thus, do not apply to weapons other than handguns.
The answer is a bit complicated. I actually wrote an article on this topic, which you can read here: https://romanolawpc.com/expandable-collapsible-batons-legal-oregon/
The reason I saw that the answer is a bit complicated is because Oregon does not have a specific law that clarifies one way or another whether collapsible batons are legal. Similarly, Oregon does not have a specific law that clarifies one way or another whether collapsible batons are legal to carry concealed in Oregon. However, there is case law that appears to indicate that carrying a concealed baton-- or any other item designed to primarily be used as a weapon-- is illegal.
In short, you can possess and open carry a collapsible baton in Oregon legally provided that it's not concealed or otherwise prohibited based on your status or location. For example, if you're on probation it could be unlawful. Also, if you're in a location that doesn't allow weapons, it'd be unlawful as well.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.