This is a discussion on Concealed Baton in New Mexico within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I'm in a situation that keeps me from carrying my firearm at this time as I have no access to my firearm day-to-day. Is it ...
I'm in a situation that keeps me from carrying my firearm at this time as I have no access to my firearm day-to-day.
Is it legal to carry a concealed Collapsible Steel Baton in New Mexico with a handgun permit?I read the section of law, but it isn't clear to me. It says 'No carrying deadly weapons except with a concealed handgun license' but I have to at least wonder if that handgun license only applies to handguns.Originally Posted by http://law.justia.com/newmexico/codes/nmrc/jd_30-7-2-c5ef.html
*Bonus points if you can tell me about concealed CSBs in Texas as well.*
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NRA Certified Pistol Instructor, World Drifter
NMSA 1978 30-7-2 seems to me to make it legal for concealed handgun license holders to carry other "deadly weapons" in a concealed fashion, but I don't know if NM case law would agree with this reading of the statute.
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A deadly weapon, as defined by the state of New Mexico, is "any object which may be used to inflict death or great bodily harm. This excludes collapsible batons for the following reasons:
1) Batons, even steel ones, are not designed to inflict traditional damage, they are meant to disable the target by inflicting localized damage to nerve clusters, causing severe pain, and primary muscle structures (deltoids, biceps, solar plexus, etc), causing severe muscle spasms, and thus *disabling* an enemy.
2) Short of extremely vital locations - specifically the brain-pan, first three vertebrae, temples and throat - which are lethal no matter what you hit them with, assuming enough force is applied (fists, foot, random chair, ballpoint pen) a baton, even a steel one, is more likely to be damaged beyond usability than to kill when connecting to anywhere you might actually kill anyone. This especially includes the skull, but also the ribs (heart/lung shot) and kidneys.
3) Batons are meant to be disabling weapons, and intentionally non-lethal. As such, they are not deadly weapons. This is also true of weapons such as bollas, tranquilizer darts, and guns loaded with rubber bullets. All of which can kill under the correct circumstances.
4) By this definition, a ball-point pen is a deadly weapon.
As such, yes it is legal to carry a baton concealed. Also, get an aluminum baton, not steel. First, you can make an even stronger case that the weapon is purely meant to disable and not kill. Second, they are lighter for the same size, and thus faster.
Furthermore, it should also be noted that in New Mexico, we have the ultimate open carry laws: If it's not a switch blade and if it's clearly visible, it's legal. Period. I personally walk around Albuquerque with a machete on my hip. I've had many cops comment on it. Only one tried to take it.
Unless things have changed drastically since I retired from NM Law Enforcement, an ASP or similar baton would not be considered a deadly weapon unless you used it a such. LE must show your INTENT to charge you.
When travelling please be smart and be safe. Call ahead of time to check legal status of any concealed item you may have. Good luck!
for what it's worth, when I'm unable to carry a concealed handgun for whatever reason, I typically carry a 21" or 26" ASP baton on my belt in a leather sheath (pictured below)
On the belt it's not concealed, but it rarely draws any notice at all. In regards to the aluminum (air weight ASP) vs the steel one (friction-loc for example) Alu is lighter and faster, but that is due to the reduced mass, which means you'd have to swing it harder to do equal damage. Something to consider.
(baton sheath with a dowel in it just after it was made, and matching sheath for a benchmade 5000)
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