I emailed my local CA regarding this, here was his response
Thank you for your inquiry. The Virginia Code section you cited is the correct one regarding concealed weapons. While the code does not specifically mention the manual telescoping baton, or "asp" baton, it is my opinion based on my research that it would indeed be considered a concealed weapon under section 18.2-308. As you correctly pointed out,the code does define a "spring stick", which is a "spring-loaded metal stick activated by pushing a button which rapidly and forcefully telescopes the weapon to
several times its original length." While the "asp" baton is not
spring-loaded, the code contains a provision for "any weapon of like kind as those enumerated in this subsection." The only discernible difference, then, between the telescoping baton and the spring stick would seem to be the mechanism by which the baton would telescope. Looking at the case law, the Virginia courts have held that this "catch-all" provision is not
overbroad. Another interesting note in the case law applies to the
section of the code that states "a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature." By its construction, the telescoping baton, clearly would be considered "of such deceptive appearance as to disguise (it's) true nature." The Virginia courts have also addressed this portion of the statute and affirmed cases based on this
provision. The Supreme Court of Virginia has further said that "the
purpose of the statute (18.2-308) was to interdict the practice of carrying a deadly weapon about the person, concealed, and yet accessible as to
afford prompt and immediate use." Based on all of the above reasoning,
it is my opinion that the telescoping baton would be considered a concealed weapon under section 18.2-308.
I then replied asking of a CHP would change this, here was that response
The matter of concealed weapons permits is controlled by the City Code in each jurisdiction. In Virginia Beach, the applicable City Code section is 38-1. It mirrors the State Code for the most part, as far as definitions and such, but there is a section (b) which states that section (a) (which deals with the range of weapons we discussed
before) doesn't apply if one has a concealed weapons permit. In my opinion, one could conceivably get a concealed weapons permit for an ASP baton under the city code, although I've never heard of someone applying
for a permit for anything other than a hangun. A better resource might be
the City Attorney's office or the Circuit Court Clerk's office, since they process these applications and the judges approve them.
It seems that Va Beach is the only city which section A does not apply with a CHP.