What Does Michigan Law Say About Batons
As clarified in MCL 750.240, a baton is a "stick or bar of any length which is used or intended to be used as a weapon for striking a person." Batons are generally considered blackjacks or "slungshots on a stick" and are designed to be wielded for striking blows to incapacitate opponents. As a result, they are restricted under Michigan law.
These types of weapons are considered to be concealed edged weapons under MCL 750 . 226. It is illegal to carry or transport this weapon within the state of Michigan unless you have a concealed pistol license. You are also prohibited from selling blackjacks in Michigan unless you have a license to do so. It is not necessary to have a license to own a black jack.
Detroit requires that blackjacks used at special events must be permitted with the event organizer (see Detroit PMC Column 2404.6).
Batons Compared with Other Self-Defense Weapons
Batons are similar to a other self-defense tools that a person might carry on a regular basis such as a kubotan, TDI knife ("Tactical Defense Institute style"), or even a tactical pen, which I have written about previously. These items are of limited utility as a weapon but can be effective in the right hands.
And while use of any tool in self-defense could result in a variety of legal consequences depending on (1) the situation immediately preceding the use of force and (2) the outcome of the use of force, these other self-defense tools generally do not carry some of the same legal risks as batons.
For instance, a kubotan, tactical pen or TDI knife can be concealed in the owner’s pocket or on a keyring and tightly gripped. In contrast, a baton must be carried in its extended (and potentially lethal) form in order to be effectively used for self-defense. This could lead to exposure to charges of open carry and related criminal charges (if, for example, the issue arises in downtown Detroit, where it is likely that the authorities will be unnecessarily alarmed and frustrated by your presence even where no criminal violation exists).
Another, more subtle issue with batons is that they are an item that could attract negative attention from an aggressive, sometimes paranoid, Michigan prosecutor who (1) perhaps perceives himself as a warrior against "scofflaws" who fail to follow Michigan weapon laws, and/or (2) views the potential for criminal prosecution as a means of personal advancement in a tough economy. Coupled with the fact that his position is often only as secure as the number of convictions he secures, his office may view prosecution as a win-win scenario.
A fair comparison is the tactical pen, although it has several advantages from a tactical perspective. What are the key differences? A pathetically small number of cases – likely less than five – involving the "illegal" carry of a tactical pen within a secure area of a Michigan courthouse and I am not aware of any tactical pen case in the last 10 years involving a serious injury to a person. Tactical pens are small enough to fit within a pocket, a pencil case, or a wallet, so they can be carried concealed within pockets while walking through security.
On the other hand, batons have an obvious appearance, are the primary tool of law enforcement officers when controlling crowds, and can only be effectively wielded from the extended position. They also have a much higher risk of injuring a person, either through blunt force to the head where serious injury is likely, or to another’s abdomen or shoulder which could result in significant injuries. This makes it much harder to argue to a sympathetic prosecutor or judge that a baton was only used to incapacitate someone temporarily.
The above notwithstanding, there are several benefits of carrying a baton. For instance, a baton is easier to use effectively on multiple attackers than most concealed tools given its longer reach and speed capability. It also offers an excellent platform for practicing skills under a variety of conditions. For tactical instructors, it can be a useful self-defense calibration tool (particularly when comparing what students can (1) control with a similar wrist-style weapon or (2) de-escalate without the "specialized" martial art expertise required to effectively wield a knife in self-defense).
Based on the above advantages and disadvantages, it is often a matter of individual preference whether a baton is right for you. But if you choose to carry one, be sure to do so in accordance with the law.
Legal Ramifications for Carrying a “Prohibited” Baton
Violating the new Michigan Baton Law may result in criminal charges. It is still a misdemeanor crime in Michigan to possess, use, or transport a billy club, which is also a term sometimes referenced in Michigan to mean a baton.
If you are found, by a police officer, having an impact-type weapon such as a billy club, it is a misdemeanor, punishable by up to 93 days in jail, $500 fine, or both. If you are convicted of two such misdemeanor charges within a three-year period, you are guilty of a felony, punishable by up to four years in prison.
In addition to the misdemeanor or felony jail time and fines, there are also court costs and probation terms possible if you are convicted of this crime.
There may be some defenses available to such a charge, so contact a criminal defense lawyer right away if this is something you are facing in Michigan. A conviction can impact your ability to have a weapon legally in the future. The criminal record can also affect employment opportunities and other issues in your life.
Arrest and conviction will generally occur only if the officer believes you possess that weapon with intent to use it in a manner that fits the existing law against those weapons. There are many factors involved, so discuss your exact situation with an attorney experienced in handling such cases.
Exceptions and Unique Circumstances
While generally illegal for the average citizen to own or carry without a concealed weapons permit, there are some exceptional cases. For example, these are permitted for some individuals as part of their employment:
Law Enforcement: Police, security officers and military personnel often carry billy clubs or batons as part of their duty. Whenever their duty requires it, law enforcement officers and members of other government organizations, such as the military, may legally utilize a baton, regardless if they have training or not, provided they use it in a responsible, disciplined manner .
Professional Trainers: There are also some professionally licensed instructors who can legally use batons (with or without training) when conducting their training classes in Michigan. This includes law enforcement trainers, those who train security personnel, military instructors, etc. This exception only applies to those who possess a license for their specific field.
Civil Service Privilege: There are also special civil service privileges that allow certain citizens to use weapons, including batons. However, this only applies in very specific situations. For example, if you are allowed to carry a baton in your field of employment, you can do so. Otherwise, generally, you cannot utilize a baton outside of special circumstances, which we will discuss next.
The Law and Recent Cases
In more recent legal news, the Michigan Court of Appeals addressed the issue of whether a stun baton is considered a dangerous weapon. In People v Martello, COA No. 323705, the Court of Appeals split on the issue. The majority of the Court found that a stun baton falls within the definition of a dangerous weapon. The dissent however found that a stun baton would not be considered a dangerous weapon when used in a non-threatening fashion. This decision highlights the importance of knowing what, specifically, is considered a dangerous weapon in Michigan, especially when it comes to criminal charges and convictions.
The majority of the court also relied on the definition of dangerous weapons in the CPL in their finding. The Court stated that "In general, weapons, such as revolvers, pistols, dirk knives, daggers, knives having a blade over 3 inches in length, and other dangerous or uncommonly dangerous weapons are considered ‘dangerous weapons’ and therefore fall within the scope of the defendant’s CPL." See MCL 28.422(g). The majority also noted that there was a definition of electronic devices that was re-enacted in 1982 that defined a stun gun and that the stun baton in question should fall under the definition of a stun gun. See MCL 750.222(6).
In the dissent, the Court stated that only those weapons that are intended or contemplate violent use as weapons are dangerous weapons. The use of a stun baton as a means to restrain someone is different from its use as a weapon of assault or defense. A defendant with a CPL would not dispute that a given stun baton is a dangerous weapon where the defendant were attempting to or was about to use it as a weapon of assault or defense. The suit of a stun baton to subdue a perpetrator may be a different situation. Because the defendant intended to use the weapon only with a battery or stun charge of 120-480 volts, then he was not in possession of a dangerous weapon despite that the stun baton was an electronic device under the CPL definition. That position would render the dangerous weapon requirement of the CPL meaningless, as any individual citizen could carry any weapon, or device that could to discharge a series of electrical shocks so long as the discharge was not offensive lethal or injurious.
Similarly, the Michigan Supreme Court recently ruled on the issue of what exactly is considered a dangerous weapon for purposes of a felony conviction. In People v Kenny, 497 Mich 411, 421; 852 NW2d 710 (2014). The Court stated that the determination of whether something is a dangerous weapon is a question of law that is reviewed de novo. When the trial court has concluded as a matter of law that the item possessed falls within the statutory definition of a dangerous weapon, the trial court’s conclusion will be upheld as long as there is support in the record that the item actually constitutes a dangerous weapon.
Practical Considerations for Michigan Citizens
Given the nuanced and frequently shifting landscape of baton regulations, it is advisable that Michigan residents consult legal professionals or other reliable sources to stay abreast of the specifics relating to baton legality in their municipality.
For those who are unsure about the legality of having a baton, a good first step is to look up the local ordinances for their municipality. The Michigan Municipal League provides an online resource that gives a reasonably comprehensive list of local ordinances concerning weapons possession throughout the state. For example, Ann Arbor prohibits possession of a "blackjack," and Grand Rapids prohibits "brass knuckles." These websites can provide a handy starting point for determining the legality of a baton on the very local level. After checking the local ordinance, a thorough search into all applicable ordinances should be conducted before obtaining a baton.
If an individual is still unsure whether his or her specific weapon derives as coming under one of these prohibited categories after consulting the statutes at issue , then he or she should seek out legal advice. It’s always better to be safe than sorry when it comes to weapons legislation, and an attorney familiar with weapons law serves as an invaluable resource. Every weapons-related case is fact-specific, and most disputes surrounding weapons really boil down to questions of intent and use. An experienced attorney can advise an individual whether a given weapon qualifies as a deadly or dangerous weapon within the meaning of the law, and can provide much-needed insight into the legality of one’s proposed or intended use of a given weapon. Additionally, attorneys are helpful if a weapon is seized or you are being charged with a weapons violation.
Besides consulting with counsel, another way to stay informed on the current state of weapons regulations is to attend a workshop. Such workshops vary in content and quality, but they can represent a good opportunity to both learn about weapons law and gain insight on how such laws work in practice.