Delaware Expandable Baton Laws

Delaware expandable baton laws mention bludgeons, blackjacks and billys.  In most states expandable batons and telescopic batons fall into the same category as a bludgeon.  The law in Delaware is not real clear as to if it is legal to carry such a device, but it does mention that it is illegal if you are committing a Felony.  

This is similar to many other states like Pennsylvania.  In Pennsylvania you can carry such a device, but you can not use or intend to use it.  If you use it offensively it is very likely you will be in serious trouble.

I suggest NOT carrying an expandable baton in Delaware as it would not take much to get into a situation that is is considered a deadly weapon.

Please note that I am not providing legal advice and I am not a lawyer.  I highly suggest contacting an attorney in your area if you plan to carry an expandable baton as they can go through the code very carefully and provide good legal advice.  

Below you can find some of the code I pulled relating to Delaware expandable baton laws.

Delaware Expandable Baton Laws

(4) "Dangerous instrument" means any instrument, article or substance which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury, or any disabling chemical spray, as defined in paragraph (6) of this section or any electronic control devices including but not limited to a neuromuscular incapacitation device designed to incapacitate a person.

(5)"Deadly weapon" includes a "firearm", as defined in paragraph (12) of this section, a bomb, a knife of any sort (other than an ordinary pocketknife carried in a closed position), switchblade knife, billy, blackjack, bludgeon, metal knuckles, slingshot, razor, bicycle chain or ice pick or any "dangerous instrument", as defined in paragraph (4) of this section, which is used, or attempted to be used, to cause death or serious physical injury. For the purpose of this definition, an ordinary pocketknife shall be a folding knife having a blade not more than 3 inches in length.

Delaware Felony List Pertaining To Deadly & Dangerous Weapons

Note:  These are classified as "violent Felonies"

1442   Carrying a Concealed Deadly Weapon (Firearm Offense)

1444      Possessing a Destructive Weapon

1445   Unlawfully Dealing With a Dangerous Weapon

1447      Possessing a Deadly Weapon During the Commission of a    Felony

1447A    Possessing a Firearm during the Commission of a Felony

1448(e)  Possession of a Deadly Weapon by Persons Prohibited (Firearm or Destructive Weapon Purchased, Owned, Possessed or Controlled by a Violent Felon).

Selling Deadly Weapons

Professions and Occupations

§ 901 License requirement.

No person shall engage in the business of selling any pistol or revolver, or stiletto, steel or brass knuckles, or other deadly weapon made especially for the defense of one's person without first having obtained a license therefor, which license shall be known as "special license to sell deadly weapons." No person licensed or unlicensed shall possess, sell or offer for sale any switchblade knife.

This section shall not apply to toy pistols, pocket knives or knives used for sporting purposes and in the domestic household, or surgical instruments or tools of any kind.

Please feel free to comment if you have an experience relating to Delaware expandable baton laws or if you have questions.  A lawyer is always best for legal advice.

Do additional research on Delaware Expandable Baton Laws at the Delaware Code Site.

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