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Is an ASP Baton Legal in Colorado? (No – And Here’s Why)

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

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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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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