Posted: 3/31/2005 6:41:42 AM EDT
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I sent an email to the State Police reguarding the legailty of civillians owning and carryingCollaspible Batons. Here is the response. Indiana code is available online on Access Indiana at www.state.in.un/legislative/ic/code. Indiana code 35-47 is the article regarding those weapons that are regulated. The batons do not require a license to possess. However, if you are to possess such weapons, you must know when you may use such weapons. Indiana code 35-41-3-2 is the use of force statute. Susan Dean, Lieutenant Indiana State Police IC 35-47-5 Chapter 5. Prohibited Instruments of Violence IC 35-47-5-1 Repealed (Repealed by P.L.123-2002, SEC.51.) IC 35-47-5-2 Knife with blade that opens automatically or may be propelled Sec. 2. It is a Class B misdemeanor for a person to manufacture, possess, display, offer, sell, lend, give away, or purchase any knife with a blade that: (1) opens automatically; or (2) may be propelled; by hand pressure applied to a button, device containing gas, spring, or other device in the handle of the knife. As added by P.L.311-1983, SEC.32. Amended by P.L.70-2000, SEC.2. IC 35-47-5-3 Repealed (Repealed by P.L.269-1995, SEC.10.) IC 35-47-5-4 Repealed (Repealed by P.L.1-1990, SEC.350.) IC 35-47-5-4.1 Sawed-off shotgun Sec. 4.1. (a) A person who: (1) manufactures; (2) causes to be manufactured; (3) imports into Indiana; (4) keeps for sale; (5) offers or exposes for sale; or (6) gives, lends, or possesses; any sawed-off shotgun commits dealing in a sawed-off shotgun, a Class D felony. (b) The presence of a weapon referred to in subsection (a) in a motor vehicle (as defined under IC 9-13-2-105(a)) except for school buses and a vehicle operated in the transportation of passengers by a common carrier (as defined in IC 8-2.1-17-4) creates an inference that the weapon is in the possession of the persons occupying the motor vehicle. However, the inference does not apply to all the persons occupying the motor vehicle if the weapon is found upon, or under the control of, one (1) of the occupants. In addition, the inference does not apply to a duly licensed driver of a motor vehicle for hire who finds the weapon in the licensed driver's motor vehicle in the proper pursuit of the licensed driver's trade. (c) This section does not apply to a law enforcement officer who is acting in the course of the officer's official duties or to a person who manufactures or imports for sale or sells a sawed-off shotgun to a law enforcement agency. As added by P.L.1-1990, SEC.351. Amended by P.L.2-1991, SEC.107. IC 35-47-5-5 Application of chapter Sec. 5. This chapter does not apply to any firearm not designed to use fixed cartridges or fixed ammunition, or any firearm made before January 1, 1899. As added by P.L.311-1983, SEC.32. IC 35-47-5-6 Purchasing or obtaining a rifle or shotgun Sec. 6. (a) Any resident of Indiana: (1) who is eighteen (18) years of age or older; and (2) who is not prohibited by law from obtaining, possessing, or using a firearm; may purchase or obtain a rifle or shotgun in Ohio, Kentucky, Michigan, or Illinois. (b) Any resident of Ohio, Kentucky, Michigan, or Illinois: (1) who is eighteen (18) years of age or older; and (2) who is not prohibited by the laws of Indiana, his domicile, or the United States from obtaining, possessing, or using a firearm; may purchase or obtain a rifle, shotgun, or ammunition for a rifle or a shotgun in Indiana. (c) Any transaction under this section is subject to the provisions of the Gun Control Act of 1968 (82 Stat. 1213, 18 U.S.C. 0.922(B)(3)). As added by P.L.311-1983, SEC.32. IC 35-47-5-7 Repealed (Repealed by P.L.175-1984, SEC.5.) IC 35-47-5-8 Machine gun Sec. 8. A person who owns or possesses a machine gun commits a Class C felony. As added by P.L.311-1983, SEC.32. Amended by P.L.104-2000, SEC.3; P.L.123-2002, SEC.43. IC 35-47-5-9 Operating loaded machine gun Sec. 9. A person who operates a loaded machine gun commits a Class B felony. As added by P.L.311-1983, SEC.32. Amended by P.L.104-2000, SEC.4; P.L.123-2002, SEC.44. -------------------------------------------------------------------------------- IC 35-47-5-10 Applicability of statutes relating to machine guns Sec. 10. The provisions of section 8 or 9 of this chapter shall not be construed to apply to any of the following: (1) Members of the military or naval forces of the United States, National Guard of Indiana, or Indiana State Guard, when on duty or practicing. (2) Machine guns kept for display as relics and which are rendered harmless and not usable. (3) Any of the law enforcement officers of this state or the United States while acting in the furtherance of their duties. (4) Persons lawfully engaged in the display, testing, or use of fireworks. (5) Agencies of state government. (6) Persons permitted by law to engage in the business of manufacturing, assembling, conducting research on, or testing machine guns, airplanes, tanks, armored vehicles, or ordnance equipment or supplies while acting within the scope of such business. (7) Persons possessing, or having applied to possess, machine guns under applicable United States statutes. Such machine guns must be transferred as provided in this article. (8) Persons lawfully engaged in the manufacture, transportation, distribution, use or possession of any material, substance, or device for the sole purpose of industrial, agricultural, mining, construction, educational, or any other lawful use. As added by P.L.311-1983, SEC.32. Amended by P.L.104-2000, SEC.5; P.L.123-2002, SEC.45. IC 35-47-5-11 "Armor-piercing handgun ammunition" defined; related offenses Sec. 11. (a) As used in this section, "armor-piercing handgun ammunition" means a cartridge that: (1) can be fired in a handgun; and (2) will, upon firing, expel a projectile that has a metal core and an outer coating of plastic. (b) A person who knowingly or intentionally: (1) manufactures; (2) possesses; (3) transfers possession of; or (4) offers to transfer possession of; armor-piercing handgun ammunition commits a Class C felony. (c) This section does not apply to nylon coated ammunition, plastic shot capsules, or ammunition designed to be used in rifles or shotguns. (d) This section does not apply to a law enforcement officer who is acting in the course of the officer's official duties or to a person who manufactures or imports for sale or sells armor-piercing handgun ammunition to a law enforcement agency. As added by P.L.332-1983, SEC.1. Amended by P.L.327-1987, SEC.2. IC 35-47-5-12 "Chinese throwing star" defined; related offenses Sec. 12. (a) A person who: (1) manufactures; (2) causes to be manufactured; (3) imports into Indiana; (4) keeps for sale; (5) offers or exposes for sale; or (6) gives, lends, or possesses; a Chinese throwing star commits a Class C misdemeanor. (b) As used in this section, "Chinese throwing star" means a throwing-knife, throwing-iron, or other knife-like weapon with blades set at different angles. As added by P.L.318-1985, SEC.2. IC 35-47-5-13 Unlawful use of body armor Sec. 13. (a) As used in this section, "body armor" means bullet resistant metal or other material worn by a person to provide protection from weapons or bodily injury. (b) A person who knowingly or intentionally uses body armor while committing a felony commits unlawful use of body armor, a Class D felony. As added by P.L.227-1996, SEC.1. IC 35-41-3-2 Use of force to protect person or property Sec. 2. (a) A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person is justified in using deadly force only if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary. (b) A person is justified in using reasonable force, including deadly force, against another person if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling or curtilage. (c) With respect to property other than a dwelling or curtilage, a person is justified in using reasonable force against another person if the person reasonably believes that the force is necessary to immediately prevent or terminate the other person's trespass on or criminal interference with property lawfully in the person's possession, lawfully in possession of a member of the person's immediate family, or belonging to a person whose property the person has authority to protect. However, a person is not justified in using deadly force unless that force is justified under subsection (a). (d) A person is justified in using reasonable force, including deadly force, against another person if the person reasonably believes that the force is necessary to prevent or stop the other person from hijacking, attempting to hijack, or otherwise seizing or attempting to seize unlawful control of an aircraft in flight. For purposes of this subsection, an aircraft is considered to be in flight while the aircraft is: (1) on the ground in Indiana: (A) after the doors of the aircraft are closed for takeoff; and (B) until the aircraft takes off; (2) in the airspace above Indiana; or (3) on the ground in Indiana: (A) after the aircraft lands; and (B) before the doors of the aircraft are opened after landing. (e) Notwithstanding subsections (a), (b), and (c), a person is not justified in using force if: -------------------------------------------------------------------------------- (1) the person is committing or is escaping after the commission of a crime; (2) the person provokes unlawful action by another person with intent to cause bodily injury to the other person; or (3) the person has entered into combat with another person or is the initial aggressor unless the person withdraws from the encounter and communicates to the other person the intent to do so and the other person nevertheless continues or threatens to continue unlawful action. (f) Notwithstanding subsection (d), a person is not justified in using force if the person: (1) is committing, or is escaping after the commission of, a crime; (2) provokes unlawful action by another person, with intent to cause bodily injury to the other person; or (3) continues to combat another person after the other person withdraws from the encounter and communicates the other person's intent to stop hijacking, attempting to hijack, or otherwise seizing or attempting to seize unlawful control of an aircraft in flight |
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The law is now silent on batons/billy clubs (as you can see from the excerpts from the State Code above). I suspect that one of those repealed sections may have had some reference to them, but that is a moot issue now. Don't forget that a baton is every much a deadly weapon in the eyes of a law as is a firearm. The same goes for a ball bat, a beer bottle, a knife, a handy 2x4 ... you name. The difference is in the ways you are able to use it (if you know how). |
| When I used them(as a backup to my M-9 and Mossberg 500) in the navy doing Counter drug Boarding in the Carribean, MIO/VBSS in the Gulf and Physical Security the were considered below a Firearm in the step levels of deadly force. Figures Doesn't the Defensive Edge offer a training course? I think that it would be good to see the differences between thre MIl training andf LEO/Armed Civillian training. |