Legality Of Blackjacks, Saps And Batons?

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otis147

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20180121_140537.jpg
i made a thing. probably going to make the next one a bit heavier...
 

Fyrtwuck

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only striking "billy" from the text seems a waste of time and effort.

It needs more than that. That little bolded section is a “catch all” for anything else you happen to pick up and use as a weapon. If it ever came to trial, it comes down to has the better attorney.

▼ Title 21 - Crimes And Punishments
§ 21-1272 - Unlawful Carry
UNLAWFUL CARRY

A. It shall be unlawful for any person to carry upon or about his or her person, or in a purse or other container belonging to the person, any pistol, revolver, shotgun or rifle whether loaded or unloaded or any blackjack, loaded cane, billy, hand chain, metal knuckles, or any other offensive weapon, whether such weapon be concealed or unconcealed, except this section shall not prohibit:

1. The proper use of guns and knives for hunting, fishing, educational or recreational purposes;

2. The carrying or use of weapons in a manner otherwise permitted by statute or authorized by the Oklahoma Self-Defense Act;

3. The carrying, possession and use of any weapon by a peace officer or other person authorized by law to carry a weapon in the performance of official duties and in compliance with the rules of the employing agency;

4. The carrying or use of weapons in a courthouse by a district judge, associate district judge or special district judge within this state, who is in possession of a valid handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act and whose name appears on a list maintained by the Administrative Director of the Courts; or

5. The carrying and use of firearms and other weapons provided in this subsection when used for the purpose of living history reenactment. For purposes of this paragraph, "living history reenactment" means depiction of historical characters, scenes, historical life or events for entertainment, education, or historical documentation through the wearing or use of period, historical, antique or vintage clothing, accessories, firearms, weapons, and other implements of the historical period.

B. Any person convicted of violating the foregoing provision shall be guilty of a misdemeanor punishable as provided in Section 1276 of this title.

R.L. 1910, § 2546. Amended by Laws 1957, p. 163, § 1; Laws 1969, c. 311, § 1, emerg. eff. April 28, 1969; Laws 1993, c. 309, § 1, emerg. eff. June 7, 1993; Laws 1995, c. 272, § 26, eff. Sept. 1, 1995; Laws 1996, c. 191, § 2, emerg. eff. May 16, 1996; Laws 2003, c. 465, § 1, eff. July 1, 2003; Laws 2007, c. 128, § 1, eff. Nov. 1, 2007; Laws 2012, c. 259, § 1, eff. Nov. 1, 2012; Laws 2013, c. 102, § 1, eff. Nov. 1, 2013; Laws 2015, c. 197, § 1, eff. Nov. 1, 2015; Laws 2016, c. 217, § 1, eff. Nov. 1, 2016.

NOTE: Laws 1993, c. 264, § 1 repealed by Laws 1994, c. 2, § 34, emerg. eff. March 2, 1994.
 
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ProBusiness

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Just so everyone can see what 1272 says without having to go look it up:

The newest wording is from the Nov 2017 Self Defense Act. I see your link was written in 2012. Swithblades are now legal. cool.


TTITLE 21 § 1272 UNLAWFUL CARRY
A. It shall be unlawful for any person to carry upon or about his or her person, or in a purse or other container belonging to the person, any pistol, revolver, shotgun or rifle whether loaded or unloaded or any blackjack, loaded cane, billy, hand chain, metal knuckles, or any other offensive weapon, whether such weapon be concealed or unconcealed, except this section shall not prohibit:
1. The proper use of guns and knives for hunting, fishing, educational or recreational purposes;
2. The carrying or use of weapons in a manner otherwise permitted by statute or authorized by the Oklahoma
Self-Defense Act;
3. The carrying, possession and use of any weapon by a peace officer or other person authorized by law to
carry a weapon in the performance of official duties and in compliance with the rules of the employing
agency;
22
4. The carrying or use of weapons in a courthouse by a district judge, associate district judge or special district judge within this state, who is in possession of a valid handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act and whose name appears on a list maintained by the Administrative Director or the Courts; or
5. The carrying and use of firearms and other weapons provided in this subsection when used for the purpose
of living history reenactment. For purposes of this paragraph, “living history reenactment” means depiction
of historical characters, scenes, historical life or events for entertainment, education, or historical
documentation through the wearing or use of period, historical, antique or vintage clothing, accessories,
firearms, weapons, and other implements of the historical period.
B. Any person convicted of violating the foregoing provision shall be guilty of a misdemeanor punishable as provided
in Section 1276 of this title.

The Self Defense Act only allows for carrying of a handgun as defined per OK law (and I won't get into that but there is a defenition of handgun). The OK Handgun Lic does not 'license' or 'permit' other items such as listed above, such as a blackjack, etc.

The SDA does not say we 'cannot use' or 'should not use' less than lethal force to end a confrontation, it just says we can't lawfull carry on our person those items listed above.
 

John6185

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I asked a cop if a baton was legal and he said it was...he could be wrong of course... I was crossing the Canadian border and told the agent I had a baton and he said I couldn't take it across into Canada and directed me to a post office within eyesight and I mailed it home.
When I was a kid in the fifties, a cop by the name of Sherman Brown carried a sap and he used it I hear on my half-brother who deserved it more than anyone knew. Of course the vast majority of you guys have never heard of Sherman Brown.
 
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