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Blackjack defense weapon // Blackjack

Blackjack defense weapon

Spring Loaded Baton, Telescopic Baton, Blackjack, HELP!
August 31, 2016 – 09:25 pm
Tragic City Rollers | Action

I live in Pennsylvania. I want some self protection. Can I carry a spring loaded baton or a telescopic baton for the sole purpose of self protection?

No. The mere possession of either of those items is a crime under section 908 of the PA crimes code entitled “Prohibited Offensive Weapons.” Specifically, under section 908(c), a blackjack is listed as one of the prohibited weapons.

The follow-up question was, “It is ok to carry a Kubotan?” A Kubotan is defined on wiki, and still meets the blackjack definition from wiki, or the crimes code. However, if used in a crime, all of these items would be a PIC (possession of an instrument of crime).

A POW is defined below:

§ 908. Prohibited offensive weapons

(a) OFFENSE DEFINED.– A person commits a misdemeanor of the first degree if, except as authorized by law, he makes repairs, sells, or otherwise deals in, uses, or possesses any offensive weapon.

(b) EXCEPTIONS.–

(1) It is a defense under this section for the defendant to prove by a
preponderance of evidence that he possessed or dealt with the weapon
solely as a curio or in a dramatic performance, or that, with the
exception of a bomb, grenade or incendiary device, he complied with the
National Firearms Act (26 U.S.C. § 5801 et seq.), or that he possessed
it briefly in consequence of having found it or taken it from an
aggressor, or under circumstances similarly negativing any intent or
likelihood that the weapon would be used unlawfully.

(2) This section does not apply to police forensic firearms experts or
police forensic firearms laboratories. Also exempt from this section
are forensic firearms experts or forensic firearms laboratories
operating in the ordinary course of business and engaged in lawful
operation who notify in writing, on an annual basis, the chief or head
of any police force or police department of a city, and, elsewhere, the
sheriff of a county in which they are located, of the possession, type
and use of offensive weapons.

(3) This section shall not apply to any person who makes, repairs,
sells or otherwise deals in, uses or possesses any firearm for purposes
not prohibited by the laws of this Commonwealth.

(c) DEFINITIONS.– As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

“Firearm.” Any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.

“Offensive weapons.” Any bomb, grenade, machine gun, sawed-off shotgun with a barrel less than 18 inches, firearm specially made or specially adapted for concealment or silent discharge, any blackjack, sandbag, metal knuckles, dagger, knife, razor or cutting instrument, the blade of which is exposed in an automatic way by switch, push-button, spring mechanism, or otherwise, any stun gun, stun baton, taser or other electronic or electric weapon or other implement for the infliction of serious bodily injury which serves no common lawful purpose.

Source: www.zeiger.lawyer
Interesting facts

Joseph (Joe) N. Bartholdi, Jr. (born 1980 in Southern California) is an American professional poker player, based in Las Vegas, Nevada.
Bartholdi was a hustler from an early age. Known as "Gambles", he used to sell cigarettes to his classmates at school and was eventually expelled for fighting. As the next nearest school involved much travel...

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