In the search for suitable means of self-defense, one comes across batons again and again on the Internet. Unlike the classic pepper spray, however, you should explicitly deal with the legal classification of such a weapon before buying it. This applies in particular to carrying in public. Here, there is the threat of a misdemeanor, which can be punished with high fines.

Legal classification of batons

In a nutshell: batons belong to the classic weapons of impact and shock. They are objects that, by their very nature, are designed to inflict injury by cutting, thrusting, stabbing or striking, directly using muscular strength. Consequently, they are also weapons within the meaning of the Weapons Act. This also means that the use of batons and telescopic batons is only permitted to persons who have reached the age of 18.

Acquisition and possession

Unlike the handling of sharp firearms, however, you do not need a separate permit for the acquisition and possession of these cutting and impact weapons. So, if you are 18 years old, then you can easily go to a gun store and buy a baton. Of course, this works just as well online. By the way, there is no legal difference between batons and telescopic batons.

So, batons can be classified as so-called free weapons. They can be purchased quite easily and uncomplicatedly, and possession is completely legal. However, this only applies within your own four walls. If you take the weapon outside, you are carrying it, and different rules apply here.

Carrying a baton

Is it legal to carry a baton? The answer to this question can be found in § 42a WaffG. Here it says: It is forbidden, among other things, to lead cutting and impact weapons. As already explained, batons are such weapons, so unfortunately they have to stay at home.

Although the second paragraph mentions an exception, it should be very difficult to establish a legitimate interest for carrying a baton. After all, the mere will to be able to defend oneself against an attacker in the event of an incident does not count here. The legislator offers other weapons that are expressly intended for self-defense. Unfortunately, batons are not among them.

And the prohibition of carrying weapons at public events or in no-weapons zones is superfluous at this point, since carrying these weapons is generally prohibited.

Misdemeanor and fine

What is the penalty for being caught with a baton in public? According to § 53 WaffG it is an administrative offense, which can be punished with a fine of up to 10,000 euros. How high the fine will be in detail depends on the respective authority. A general statement cannot be made here, as the circumstances of the individual case are always considered.

Risk of confusion: Steel rod and manslayer

Finally, an important note: This article has dealt exclusively with batons and telescopic batons. However, these must not be confused with steel rods and manslaughters under any circumstances. These, in turn, are weapons that are completely banned in Germany. Any handling of them is therefore a criminal offense. See also Annex 2, Section 1, No. 1.3.2 of the Weapons Act.

More information about telescopic batons and of course other free weapons can be found on my YouTube channel "Kwannick - Waffengesetz und Co".

Disclaimer: The excerpts from the Weapons Act are taken from the currently valid version of 01.09.2020. The author of this article assumes no responsibility for the timeliness, accuracy and completeness of the information provided.