Q: Is a collapsible baton a weapon in Montana?
Does it fall under the same regulations of "concealment" as other weapons? Such an item normally used for defense. Will one be prosecuted for having it concealed even though no license laws exist for such an item?
A:
MRS 45-8-315, defines a "Concealed weapon" as a "means a firearm that is wholly or partially covered by the clothing or wearing apparel of the person carrying or bearing the weapon."
Other Montana Revised Statutes define "weapon" depending on your age and place of use. For example, if you are a juvenile or bring the following into a juvelile facility, they will charge you as a felony: 45-8-318. Possession of deadly weapon by prisoner or youth in facility. (1) A person commits the offense of possession of a deadly weapon by a prisoner if the person purposely or knowingly possesses or carries or has under the person's custody or control without lawful authority a dirk, dagger, pistol, revolver, slingshot, sword cane, billy, knuckles made of any metal or hard substance, knife, razor not including a safety razor, or other deadly weapon. I think a collapsible baton, although not specifically mentioned, might be considered a "weapon." Ultimately, you shouldn't be convicted unless you were using it as a weapon, but that doesn't mean a neighborhood cop wouldn't arrest you for just seeing you with one, and then let the "lawyers figure it out." Good Luck my friend. Use common sense and caution.
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