Collapsable Batons in NY

[Doc8404]

Although the 20” breaker bar for my lug nuts is a good tool.

 

[Robin]

I have a cane.
Robin

 

[Chevusa]

265.01 Criminal possession of a weapon in the fourth degree. A person is guilty of criminal possession of a weapon in the fourth degree when: (1) He possesses any firearm, electronic dart gun, electronic stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type slingshot or slungshot, shirken or “Kung Fu star”; or (2) He possesses any dagger, dangerous knife, dirk, razor, stiletto, imitation pistol, or any other dangerous or deadly instrument or weapon with intent to use the same unlawfully against another;

I addressed this. There are 2 types of weapon laws. Part 1 makes all named weapons illegal. Part 2 makes anything that you intend to use unlawfully against another illegal. So as long you don't intend to use an ASP unlawfully against others it is legal because it does not fit the strict definition of a "billy". Pat 2 could also be charged if you used or tried to use grandpas pocket knife or a fork or spoon to attack me.

 

[Chevusa]

People v Phillips

People v Phillips - 2005 NY Slip Op 50438 (U)

law.justia.com

I already cited this case. What's your point?

 

[repete]

I already cited this case. What's your point?

Trolling a troll!

 

[Rocpo]

billy club ??? just how many of these have been sold ??

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My mother put a crack into one of those over my skull circa 2004.
Back when parents could parent.

Oh and it was a NY Yankees one.

 

[JaguarJaguarGolf]

My mother and her sisters used to have enormous “hat pins” to keep their hats in place. They said they also worked well in hand walking home late from work to keep the “4-F’s “ away.

 

[C3D]

Guys please take anything you read on the Internet with a note of caution if it can result in your going to jail —

The OP‘s analysis is incorrect as a matter of law and an ASP collapsible baton is an illegal “Billy“ for purposes of the New York Penal Law. The Talbert and Phillips cases were overruled in a 2016 opinion from the Court of Appeals.

People v. Ocasio

Defendant was charged with one count of criminal possession of a weapon in violation of N.Y. Penal Law 265.01(1). Defendant moved to dismiss the accusatory instrument, which alleged that a police officer observed Defendant with a “rubber gripped, metal, extendable baton (billy club)” in his rear...

law.justia.com