Understanding the Legal Status of Expandable Batons in Florida

The State of Florida and Expandable Batons

In Florida, expandable batons are classified as a "self-defense weapon" along with other items including handcuffs, zip-tie restraints, and pepper spray. While open-carry laws for firearms are expanding, open-carry for expandable batons raised a different set of concerns.
Prior to 2011, Florida law forbade people from openly carrying truncheons, billy clubs, and similar weapons, but since the repeal of Florida Statute 790.01(2), it is legal to carry a baton openly and concealed.
Florida Statute 790.53 prohibits a person from carrying a concealed baton unless they have a concealed carry permit. Unlike knives or firearms, we do not see permits for batons sold as frequently. However, if you already apply for, and obtain a concealed carry permit, you are permitted to carry a baton .
That said, there are some actions that are illegal, even when carrying a baton with the best of intentions:

• Brandishing an expandable baton in an intimidating manner;
• Using an expandable baton in a threatening or menacing way;
• Using an expandable baton to threaten, intimidate, physically control, or capture any person;
• Carrying an expandable baton into any of the following places:

o Any police, trial or any other court or criminal tribunal;
o Any place of nuisance, as defined in s. 823.05;
o Any place where the carrying of firearms is prohibited by law;
o Any school, college, or professional school;
o Where people are seated at sporting events;
o Where people assemble by chance in an unorganized fashion for a common purpose; or
o Between buildings in public parks or courtyards of public or private buildings.
If you are charged with possessing an expandable baton, you will be charged with a first degree misdemeanor. You could be sentenced to a year in jail and a year on probation. You could also faced up to $1,000 in fines.

Self-Defense and Expandable Batons

As previously mentioned, Florida law prohibits the use of telescopic or expandable batons for "any purpose" other than self-defense. There are, however, circumstances under which you might be able to use one. Florida law allows you to use "non deadly force" when such force is necessary to defend yourself against "unlawful force threatened to be used upon you…".
Simply put, when you reasonably believe that you are in imminent danger of being attacked, you may use non deadly force to defend yourself. Depending on the circumstances, doing so while using an expandable baton may be legal under Florida law.

Do You Need a License to Carry an Expandable Baton?

In Florida, as of 2023, individuals are not required to obtain a special license or permit to carry expandable batons, which is also known as an "expandable metal stick" or "nightstick." There is no annual permit requirement or application process through local or state law enforcement that Florida residents need to complete specifically for this type of weapon. However, the sudden use of an expandable baton could trigger a heightened level of scrutiny and questioning by the police, especially if an officer believes that the expandable baton was brandished, used, or intended to be used in a threatening manner against another person. In such cases, having the expandable baton in one’s possession may not be enough to prevent arrest, as this does not necessarily amount to a legal defense against any criminal allegations of assault or battery that may arise. The mere fact that the expandable baton was legally in a person’s possession is not necessarily conclusive in of itself as to whether such individual did or did not use it as an offensive and deadly weapon against another person.
In such cases, there may be other requirements or requests by law enforcement above and beyond a special license or permit needed to carry an expandable baton on one’s person. This could include requirements to demonstrate proficiency and qualified training on how to use the expandable baton safely and effectively, especially if this weapon is part of the accessible arsenal of other people on-site. For example, in the private security sector, if a company or organization allows its personnel to carry expandable batons on their person as part of their day-to-day responsibilities, there likely would be some documentation of such approval. This type of action demonstrates that the individual in question was entrusted with an expandable baton, that he possesses and demonstrates a level of proficiency and training in the use of the weapon, and that he has the necessary qualifications on-hand in case local law enforcement needs them to verify that the individual was lawfully permitted to carry the expandable baton.
These requirements could include the individual being listed on the company’s private security arsenal authorization, maybe even demonstrating proficiency on camera in carrying the expandable baton, practice in how to wield it, and such training could include display and demonstration of said equipment as well. Although this is not state-mandated, it could still be requested by local law enforcement. Alternatively, once again, an individual being qualified with a concealed weapons or firearms license, or a concealed carry permit, would also show that they have the requisite training, proficiency, and approval to carry such a weapon on their person.
Aside from these documented approvals and evidentiary proof demonstrating the individual’s right to carry an expandable baton, the individual would also need to agree and follow the written policies and procedures in place at the business or organization they work for, as well as any other standards and protocols in place at the business or organization they are representing on a business-level.

Florida and Other States: Are the Laws the Same?

When comparing the legality of expandable batons in Florida with other states, the regulations can vary widely. While some states have stricter laws concerning the possession and usage of expandable batons, others have more lenient regulations or no laws at all.
In New York, for example, expandable batons are classified as "batons/blackjacks" under the state’s penal code. Such weapons are considered "forbidden dangerous instruments" and are subject to stringent regulations. Similar strict guidelines apply in California, where a specific penal provision prohibits the possession of "billys" or "blackjacks" that are "more than 6 inches in length when opened." Furthermore, in a reworded version of its penal code, new Jersey defines expandables as "blackjacks," which may be carried concealed by those possessing valid permits and are legal when carried openly.
In Pennsylvania, expandable batons fall into two categories: "black jacks," short clubs that conceal a swinging rod or stick, and "sandbags," which are handheld bags containing a heavy substance, both typically resulting in a third-degree misdemeanor. However, no person can be found guilty of carrying the concealed "black jack" or "sandbag" defense if they can establish either that (i) they had a legal permit to carry a firearm , or (ii) they were traveling "unloaded and in case" from one place where lawfully permitted to possess said object to another such location. The term "unloaded" does not in this case refer to firearms that are capable of being fired if modified. A concealed-carry permit is required to carry organizations and certain other contracting companies in a private vehicle. Under this regulation it is a second-degree misdemeanor if one does not have an active permit to carry a concealed weapon. While this statute is now rarely applied, it serves as an example of how significantly different laws and their applications can be between states.
Unlike Wisconsin, which considers certain blackjacks and billy clubs as concealed weapons subject to prison time, Virginia, like Florida, has less stringent laws. Despite concerns about their efficacy against those who are especially strong, expandable batons are not specified as dangerous weapons or considered firearms.
A consideration that equally applies to all states is that most states, including Minnesota, have no laws regarding expandable batons of any type for export but do specify them for importation.

Legal Counsel for Interested Individuals

When considering whether or not to purchase an expandable baton, the first thing you must do is correctly determine where you live. If you live in a city that restricts or even prohibits ownership of these weapons then they may not be legal for you to carry. Keep in mind though that many laws, including those dealing with expandable batons, can be vague and confusing. Always seek clarification from your local authorities, in this case the Florida Department of Agriculture and Consumer Services (FDACS). State laws are, however, generally very clear as to what types of weapons are permitted and which ones are not.
Next you need to consider whether you have a concealed weapons permit. If you have a permit for any weapon other than a firearm then carrying an expandable baton may still be legal for you. These weapons are, however, classified in the state statute as "self-defense weapons or devices" so it’s advisable to obtain a permit that explicitly allows for self-defense devices to be carried.
If you live in a county or city that permits these types of weapons, have a permit to carry a self-defense weapon and want to buy an expandable baton, then you’ve met all of the requirements state law currently requires. Before making a purchase, however, take some time to ensure you’re aware of other restrictions surrounding these weapons. For example, if you decide to carry a baton, how would you be able to do it? It’s a good idea to invest in a high quality leather or nylon holster to keep it out of sight but readily accessible in case of emergency. Be sure to comply with any guidelines that specify how you’re allowed to carry a baton in your county as well.
The laws in Florida change frequently so it’s important to always check the wording and language of the law, especially if there are ones that still aren’t clear on their intent. A call to the FDACS can also save you a lot of confusion and a lot of legal headaches before you decide to purchase an expandable baton.

Recent Court Cases for Expandable Batons

In 2016, Florida Statute 790.201 was enacted and directly addressed the issue of expandable batons. With so little case law determining the criminality of carrying an expandable baton under prior statute law, the legislature decided to specifically address this issue in a new law: "A person shall not possess on his or her person an "expandable baton" as defined in s. 790.001(13), except as authorized in this subsection. (a) A person who is 18 years of age or older may possess an expandable baton while lawfully engaged in the business of selling such batons or while the person is lawfully traveling outside the state or going directly to and from such location and may ship or transport an expandable baton in interstate commerce. (b) A person who is a retired law enforcement officer as defined in s. 943.10(14) may possess an expandable baton while on duty or off-duty. (c) A person who is a correctional officer as defined in s. 943.10(4) may possess an expandable baton while on duty. (d) Nothing in this subsection authorizes the possession of an expandable baton in violation of any other law." Case law discussing this new statute includes a 2017 Second District Court of Appeal case known as Rodriguez v. State, 3D16-2280 (Fla. 2d DCA Oct. 4, 2017). In that case, a motion to suppress based upon the unconstitutionality of the statute (apparently at the time of the motion the lack of cases discussing the constitutionality of this particular statute of limitation confused everyone) was denied. This is certainly good news for prosecutors dealing with potential challenges to the legality of cases involving expanded batons. In another case, State v. Artabane—State Attorney’s Office, 498 So. 2d 1014 (Fla . 2d DCA 1986) a trial judge found that a defendant’s conduct while holding an expandable baton inside of a convience store did not amount to ‘carrying.’ He also noted that the charges were previously dismissed because the trial court found that the statute making it illegal to possess an expandable baton did not apply, and the district court of appeal agreed (although affirming a search/supply warrant). While, on the surface, this may seem like a victory for the defendant and an oddity in the context of this article, it remains relevant. In 2012, a man was arrested for attacking a hotel clerk as he attempted to steal from the hotel. The man was armed with a knife and an expandable baton, which he threatened the clerk with; he was charged with armed robbery. This caused a debate amongst legal minds about the seriousness of the offense. Was the offense aggravated? Was the man living in Florida when he grabbed the baton (rather than in Springfield, Missouri), or fleeing a robbery attempt in the state? Certainly the man used the baton to threaten the clerk, and therefore, aggravated the offense. However, it remains unclear if he was carrying (or "brandishing") the expandable baton. To the average citizen, it may seem like a trivial difference. But to the court, the distinction could separate a charge for grand theft (felony in third degree with a potential penalty of five years in prison) from a robbery of a hotel clerk while armed (felony in the second degree with a potential penalty of life in prison). The difference is not the seriousness of the crime or the shop owner’s feeling of lack of safety. The issue is whether the robber aggravated the offense by using a deadly weapon; in this case, the expandable baton.