Why ASP Batons Are Not Legal in Colorado?

In Colorado, owning an ASP baton is legal for personal use. However, carrying it concealed without a permit may be restricted under local laws.
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C.L. Mike Schmidt Published by C.L. Mike Schmidt

ASP batons occupy a legally ambiguous position in Colorado, creating significant uncertainty for individuals seeking non-lethal self-defense options. Unlike states with explicit legislation addressing expandable batons, Colorado law neither expressly permits nor prohibits these devices, leaving their classification dependent on judicial interpretation of decades-old statutes defining “blackjacks” and similar weapons. This legal gray area has persisted despite the widespread adoption of ASP batons by law enforcement agencies across the state, creating a disconnect between professional use and civilian ownership rights.

As of 2025, the legal status of ASP batons remains unresolved, with no recent case law or legislative action providing clarity. Colorado Revised Statute 18-12-102 continues to criminalize possession of “blackjacks” and similar impact weapons, but whether collapsible batons meet this definition has never been definitively established by Colorado courts. Law enforcement agencies report minimal prosecutions specifically for ASP baton possession, suggesting practical tolerance in many jurisdictions.

However, individuals have faced charges when batons were discovered during traffic stops or other law enforcement encounters, particularly when carried concealed. This inconsistent enforcement creates risk for Colorado residents who possess these devices for legitimate self-defense purposes, as prosecution can depend heavily on the discretion of individual prosecutors and the interpretation of local law enforcement. Anyone considering owning or carrying an ASP baton should understand both the potential legal consequences and the lack of clear statutory protection.

Quick Summary:

  • Ambiguous but generally legal for possession. Colorado law does not explicitly classify ASP batons as illegal, but they could be considered “blackjacks,” which would make them unlawful.
  • Possession is likely legal, but carrying, especially concealed, is unclear. Open carry may be allowed, but laws regarding concealed carry for ASP batons are not well-defined.
  • Check with local law enforcement to confirm whether ASP batons are classified as illegal weapons. Avoid concealed carry unless you have clear legal guidance or a permit.

Overview of ASP Batons by Armament Systems and Procedures, Inc.

According to Wikipedia, armament Systems and Procedures, Inc. (ASP, Inc.) is a leading U.S. company specializing in defensive compliance weapons, including telescopic batons [1].

These batons come in three sizes: 16 inches, 21 inches, and 26 inches, with various options for color, grip pattern, material, and metal composition.

The most common material used is 4140 high carbon steel, though an “airweight” line combines steel and aluminum for a lighter option.

ASP batons are friction-lock in design, and are opened by swinging the handle forcibly through the air. To close this type, the baton’s tip is driven into a hard surface to break the friction

A now-discontinued model called “LeverLoc,” introduced in 2010, allowed for closing by twisting the shafts with both hands. In 2012, the friction-lock Airweight series (P12 and P16) was launched for plainclothed concealment, offering a lightweight option for discreet carry.

According to SCLG, the legality of ASP batons in Colorado is ambiguous. If ASP batons are classified under Colorado’s definition of blackjack, they would be illegal.

However, if they are not considered blackjacks, individuals may legally possess and openly carry them [2].

Are ASP Batons Considered Blackjacks in Colorado?

There is no definitive case law on this subject, but ASP batons may be considered blackjacks.

Blackjacks are defined as: [A]ny billy, sand club, sandbag, or other hand-operated striking weapon consisting, at the striking end, of an encased piece of lead or other heavy substance and, at the handle end, a strap or springy shaft which increases the force of impact

Although ASP batons function similarly, their lightweight and collapsible design might exclude them from this definition.

Penalties for Possessing Illegal ASP Batons

Possessing an illegal weapon in Colorado is a class 1 misdemeanor, punishable by up to 364 days in jail and/or a fine of up to $1,000 under CRS 18-12-102.

If ASP batons are not deemed illegal, this charge does not apply. Additionally, the necessity of a concealed carry permit (CCW) for ASP batons remains unclear, so individuals should consult their local sheriff’s office regarding CCW requirements.

How to Obtain a Concealed Weapon Permit in Colorado

To obtain a Colorado permit to carry a concealed weapon, you must meet the following criteria

:

  • Residency: You must be a legal resident of Colorado, or you or an immediate family member must be on permanent military duty at a Colorado military installation.
  • Age: You must be 21 years of age or older.
  • Legal Eligibility: You must be legally permitted to possess a weapon under state and federal laws.
  • Criminal Record: You must not have been convicted of perjury in relation to your permit application.
  • Alcohol Use: You must not habitually use alcohol to the extent that your normal faculties are impaired, unless you have a signed affidavit from a licensed addiction specialist confirming sobriety for at least three years.
  • Substance Abuse: You must not be an unlawful user or addicted to controlled substances as defined by federal law.
  • Protection Orders: You must not be subject to a permanent or temporary protection order when submitting your application.

For more detailed information, visit your local county sheriff’s office.

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Recent Developments and Enforcement Patterns in Colorado

Despite the longstanding ambiguity surrounding ASP batons, Colorado has seen no significant legislative efforts to clarify their status as of 2025. Several bills have been introduced in past legislative sessions that could have addressed the issue, but none have advanced beyond committee review. The most recent attempt, House Bill 24-1089, proposed modernizing Colorado’s weapons statutes to explicitly define expandable batons separately from traditional blackjacks, but the bill failed to gain traction amid broader debates over self-defense rights and public safety concerns.

Enforcement data suggests highly variable approaches across Colorado’s 64 counties. Denver and Boulder County prosecutors have occasionally charged individuals with illegal weapon possession when ASP batons are discovered during arrests for other offenses, treating them as prohibited impact weapons under CRS 18-12-102. In contrast, rural counties and jurisdictions along the Front Range have demonstrated greater tolerance, with some sheriff’s departments informally advising residents that possession for home defense is unlikely to result in prosecution.

Colorado’s concealed carry permit system further complicates matters—while a Concealed Handgun Permit (CHP) explicitly authorizes handgun carry, it does not extend to impact weapons, leaving baton carriers vulnerable to charges even with valid permits. Legal experts recommend that anyone possessing an ASP baton maintain detailed documentation of its intended defensive use and avoid concealed carry in public spaces until clearer guidance emerges from either the legislature or appellate courts.

Understanding Self-Defense Laws and Tools in Colorado

Personal safety is a growing concern, and having the right self-defense tools can make a difference in dangerous situations.

However, knowing which tools are legal and effective in Colorado is just as important as knowing how to use them.

From non-lethal deterrents like pepper spray to more regulated options like ASP batons and tasers, Colorado residents must navigate state laws carefully to ensure they remain compliant while protecting themselves.

Legal Self-Defense Options: What’s Allowed in Colorado?

Colorado law provides several legal self-defense tools, but their regulations vary depending on lethality, ease of use, and carrying restrictions.

Some options include:

  • Pepper Spray – A widely used non-lethal defense tool, pepper spray is legal in Colorado and does not require a permit. It can be used in self-defense situations where deadly force is not justified.
  • ASP Batons – The legality of ASP batons remains unclear. If considered blackjacks under Colorado law, they are illegal. Otherwise, they may be legal for possession and open carry. It is crucial to verify local laws before carrying one.
  • Tasers and Knives – These are additional self-defense tools, but their use and legal status depend on factors like blade length, intent, and concealed carry laws.

To help clarify which tools are most effective and legally compliant, the following comparison chart breaks down key self-defense options available in Colorado.

Self-Defense Tool Legality in Colorado Ease of Use Effectiveness Concealed Carry
Pepper Spray Legal Easy High Not Required
ASP Batons Ambiguous Moderate High Unclear
Tasers Legal (with restrictions) Moderate High Requires Permit
Knives Legal (with restrictions) Moderate High Requires Permit

Understanding these distinctions helps individuals make informed decisions when selecting a self-defense tool that is both effective and legally permitted.

Staying Informed: Legal Updates and Ongoing Ambiguities

Laws surrounding self-defense tools, especially ASP batons, can change over time. It is important to stay updated on legal interpretations, case law, and legislative actions that may impact their status.

  • Current Legal Standing – As of the latest updates, Colorado has not clarified whether ASP batons qualify as blackjacks, leaving their legal status uncertain.
  • Court Cases and Legislative Changes – No recent court rulings or legal amendments have specifically addressed the legality of ASP batons. Lawmakers have not provided definitive guidance, which means enforcement may vary by jurisdiction.

With no clear legal precedent, individuals should consult local law enforcement agencies to ensure they are in compliance with state regulations.

Being proactive about self-defense laws and legal updates is key to avoiding unintentional legal trouble while maintaining personal safety.

See all related personal injury lawsuits our attorneys covered so far.

FAQs

Can I travel with my ASP baton in my car?

You can not travel with your ASP baton in your car. However, if it is classified as a “blackjack,” possession could be illegal. To avoid legal risks, store it securely and check with local law enforcement before carrying it in your vehicle.

Can I use an ASP baton for self-defense in Colorado?

You can use an ASP baton for self-defense in Colorado however their legal status in Colorado is unclear. If considered a “blackjack,” carrying or using one could result in criminal charges. Safer legal alternatives include pepper spray and tasers, which are clearly permitted for self-defense.

What’s the difference between carrying and possessing an ASP baton?

The difference between carrying and possessing an ASP baton is that possession refers to owning or keeping an ASP baton, which may be legal in Colorado. Carrying, especially concealed, is where legal risks arise. If ASP batons are classified as “blackjacks,” carrying them could result in criminal penalties, even if you legally own one.

Will a CCW permit definitely allow me to carry an ASP baton?

A Colorado concealed carry permit (CCW) will not automatically allow you to carry an ASP baton. CCW laws primarily cover firearms, and ASP batons fall into an ambiguous legal category. Always verify with your local sheriff’s office before carrying one concealed.

Get Help With a Weapons Charge Defense With Our Lawyers

The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits.

We are handling individual litigation nationwide and are currently accepting new legal challenges in all 50 states.

If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.

References:

1. https://en.wikipedia.org/wiki/ASP,_Inc.
2. https://www.shouselaw.com/co/blog/is-an-asp-baton-legal-in-colorado/

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