Are Expandable Batons Legal In Chicago, Illinois? (2015 Update)

On January 19, I started reviewing Chicago-area laws concerning self-defense tools for the new year. That day, I blogged about the legality of pepper spray in Chicago.

Today, I’m going to look at if collapsible/expandable/retractable/telescopic batons are legal in Chicago, Illinois.

Like with that pepper spray post, let’s start at the top. Looking at the Illinois Compiled Statutes, Criminal Offenses, (720 ILCS 5/) Criminal Code of 2012, “ARTICLE 24. DEADLY WEAPONS”:

(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
Sec. 24-1. Unlawful Use of Weapons.
(a) A person commits the offense of unlawful use of weapons when he knowingly:
(1) Sells, manufactures, purchases, possesses or carries any bludgeon, black-jack, slung-shot, sand-club, sand-bag, metal knuckles or other knuckle weapon regardless of its composition, throwing star, or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas; or
(2) Carries or possesses with intent to use the same unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser or any other dangerous or deadly weapon or instrument of like character…

No specific mention of collapsible/expandable/retractable/telescopic batons. But there’s also this:

13) Carries or possesses on or about his or her person while in a building occupied by a unit of government, a billy club, other weapon of like character, or other instrument of like character intended for use as a weapon. For the purposes of this Section, “billy club” means a short stick or club commonly carried by police officers which is either telescopic or constructed of a solid piece of wood or other man-made material.

(Editor’s note: Bold added for emphasis)

From my research on this subject, I’ve encountered instances where collapsible/expandable/retractable/telescopic batons have also been referred to as “billy clubs” (like above) and “bludgeoning devices.” Keep that in mind going forward.

Since Chicago is part of Cook County, let’s next look at the Cook County Code of Ordinances, Part I- GENERAL ORDINANCES, Chapter 58- OFFENSES AND MISCELLANEOUS PROVISIONS, ARTICLE VI. OFFENSES AGAINST THE PUBLIC PEACE, Sec. 58-172. – Disorderly Conduct:

(a) It shall be unlawful for any person to commit disorderly conduct. A person commits disorderly conduct when he knowingly…
(6) Carries in a threatening or menacing manner, without authority of law, any razor, knife, stiletto, blackjack, bludgeon, metal knuckles, slingshot, any knife, the blade of which is released by a spring mechanism, including knives known as “switch-blades”, undetectable knives as defined in Section 58-176 of this Code, an object containing noxious or deleterious liquid, gas or substance or other weapon, or conceals said weapon on or about the person or vehicle…

Once again, no specific mention of collapsible/expandable/retractable/telescopic batons. But “bludgeon” makes an appearance.

Finally, let’s see what the City of Chicago has on the books regarding these batons. From the Municipal Code of Chicago, TITLE 8 OFFENSES AFFECTING PUBLIC PEACE, MORALS AND WELFARE, CHAPTER 8-24 FIREARMS AND OTHER WEAPONS, 8-24-020 Sale or possession of deadly weapons:

(a) No person shall sell, offer for sale, keep, possess, purchase, loan or give to any person any bludgeon, blackjack, slung shot, sandclub, sandbag, metal knuckles, or other knuckle weapon regardless of its composition, throwing star, switchblade knife or ballistic knife; provided that this subsection shall not apply to the purchase, possession or carrying of a black- jack or slung shot by a peace officer.

Nothing specific. But there’s “bludgeon” again.

So are collapsible/expandable/retractable/telescopic batons legal in Chicago?

While not mentioned specifically in the Illinois Criminal Code, the Cook County Code of Ordinances, and the Municipal Code of Chicago, should the authorities want to prosecute an individual purchasing, possessing, selling, etcetera a collapsible/expandable/retractable/telescopic baton in the city of Chicago, it should surprise no one if the device is equated with a “billy club” or “bludgeon.” In which case, that individual could be in a lot of trouble.

Next time, I’ll be discussing knives in Chicago.

Christopher E. Hill
Survival And Prosperity (www.survivalandprosperity.com)

(Legal disclaimer: This post is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain such advice.)

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Tuesday, February 24th, 2015 Legal, Non-Lethal Weapons, Self-Defense

7 Comments to Are Expandable Batons Legal In Chicago, Illinois? (2015 Update)

  1. This is incorrect. The Illinois Supreme Court ruled in People v. Fink 91 I’ll.2d 237 (1982) that a bludgeon or billy is not illegal merely to possess, and that intent to use a bludgeon or billy unlawfully against another must be established to satisfy the Unlawful Use of Weapons charge.

  2. Lawyered on July 13th, 2015
  3. Likewise, the City of Chicago Municipal code also contains the language “intent to use unlawfully against another” under section 8-24-020(d) which must be proved for a conviction.

    Possession alone should be insufficient for a criminal charge in Chicago. And that has been the law for over 30 years.

  4. Lawyered on July 13th, 2015
  5. Thanks for your input Lawyered. Readers, remember to seek competent legal advice regarding such matters.

  6. Editor on July 14th, 2015
  7. What about carrying for the purposes of self defense? I live in a neighborhood that has tons of muggings, so carrying one around just makes me feel safer.

  8. Eli on April 5th, 2016
  9. Thanks for the comment Eli.

    What about carrying for the purposes of self defense? I live in a neighborhood that has tons of muggings, so carrying one around just makes me feel safer.

    I hear you. Still, keep in mind:

    While not mentioned specifically in the Illinois Criminal Code, the Cook County Code of Ordinances, and the Municipal Code of Chicago, should the authorities want to prosecute an individual purchasing, possessing, selling, etcetera a collapsible/expandable/retractable/telescopic baton in the city of Chicago, it should surprise no one if the device is equated with a “billy club” or “bludgeon.”

    Which could mean trouble with the law.

  10. Editor on April 18th, 2016
  11. Whether or not a baton is carried for lawful purposes centers on intent, and if your defensive intent can’t be established after usage, you’re in big trouble.

  12. Marvin8 on April 29th, 2016
  13. So if I have the baton in my car som1tries 2 Rob me I got them to get my life in danger I’m in trouble

  14. Eric lo on October 12th, 2016
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