Having a Baton Under Nevada Laws

The possession and carry of batons such as those outlined in the Introduction above are regulated by NRS Chapter 202.025(1) to (3), which state:

(1)(a) For the purposes of this section, "baton" means:

(i) A straight stick or rod that is at least 6 inches long and less than 24 inches long; or
(ii) A straight stick or rod that is at least 24 inches long in a lengthwise folded bundle with a tape or cord tightly wound around the folds.
(b) "Baton" does not mean a cubicle stick or night stick.

(2) Except as otherwise provided in this subsection or NRS 202.350, a person shall not possess or carry a baton:

(a) On his or her person in a public place; or
(b) While attending a motor vehicle or while traveling as a passenger in a motor vehicle on a road, street or highway in the State of Nevada .

(3) The provisions of subsections 1 and 2 do not apply to:

(a) Peace officers or a person who has been summoned by a peace officer;
(b) A person whose employment, occupation or calling involves the handling of devices defined as batons in this section if the batter is necessary as a part of the necessary activities of that employment, occupation or calling; or
(c) A person who is registered as an employee of a licensed Nevada security guard service or as an employee of the private security company as defined in NRS 648.015 hired by a facility for the protection of persons and property.

What Sets Batons Apart from Similar Self-Defense Weapons

In addition to batons, every year thousands of Nevadans carry and use other weapons for self-defense. Common examples include stun guns, pepper spray, and knives. The most important legal distinction between a baton and these other weapons involves the use-of-force issues. While the use of a baton in self-defense is authorized in any amount necessary (just as long as you’re facing reasonable imminent threat), an integral limitation exists when you use a stun gun, knife, or pepper spray. Specifically, those 3 weapons cannot be used against someone unless you have first attempted to withdraw from or otherwise terminate the interaction with the other person.
So assume you are accosted by some guy on the Las Vegas Strip. With a baton in your hand, you can use any amount of force necessary to stop his attack. But if you have pepper spray in your pocket instead, not only can you not spray him if you can merely walk away, you also could be guilty of Felony Battery with a deadly weapon or Assault with a deadly weapon. That is because you are not allowed to use your pepper spray until you first have tried to get away first. A stun gun and knife are subject to the same limitation.

Penalties for Illegal Possession or Use

Should you now find yourself in possession of a baton, know that prosecutors will sometimes charge this as "carrying a concealed dangerous weapon." In such cases, a convicted defendant faces additional punishment to include a misdemeanor and/or up to four years in prison, as outlined by NRS 202.3663:
"In the case of a person who is not a minor and has not previously been convicted of a crime of violence, if a concealed weapon is carried in the Clark County metropolitan area, upon the person’s first conviction, the court shall, in addition to any other penalty, impose a fine of $200 and require the person to perform 48 hours of community service in a program approved by the court. The court shall impose a fine of $400 and require the person to perform 120 hours of community service in a program approved by the court upon a person’s second or subsequent conviction."

Legal Exceptions and Permissible Uses

While the circumstances in which a baton may be legally used are extremely limited, they do exist. A major exception is when the use of the baton is considered "necessary or appropriate in the reasonable belief that the use of physical force is necessary to defend against the unlawful use of physical force by another." Just as in most self-defense laws , the use of force must be reasonable in specific situations of self-defense or defense of others. There are no such exemptions or legal use of batons for the protection of property or a threat of property damage.
It is important to remember that these scenarios are not necessarily relevant to the legality of owning, selling or transferring a baton. Review and consider the rationales as well as specific uses to illustrate when applicable, but remember that such uses of batons in Nevada are limited to narrow circumstances. These unique circumstances as well as the ban on the carrying of batons practically eliminate any substantial legal uses for batons in Nevada.

Tips for Residents and Visitors

When it comes to carrying batons, it is not only the state laws that residents and visitors should consider, but also local laws and ordinances as well. The cities of Las Vegas and North Las Vegas both have criminal laws relating to the possession of dangerous weapons. For example, in North Las Vegas, it is illegal to possess a blackjack, billy, sandbag, or other dangerous weapon as outlined in the laws and statutes. It is also illegal to use or even possess a baton while trespassing, obstructing traffic, or helping someone who is attempting to do the same. In these cases, it is also illegal to carry the baton in public, even near one’s home. Carrying or using the weapon unlawfully is a Class A misdemeanor.
Because the laws regarding batons change from city to city, it is wise to always stay attuned to any and all existing ordinances. Residents should check with their municipality to determine if any regulations apply. If you’re considering bringing a baton into the state of Nevada, you should contact an attorney to find out if it’s legal. You should inquire about when and where you can carry batons in public as well.
Generally speaking, the use of batons in Nevada is illegal. However, according to a 2004 opinion addressed by the Attorney General, "the term ‘club’ as used in NRS 202.350 means a club having one end larger than the other end." With this definition in mind, some legal experts will specifically recommend that individuals choose a collapsible police baton in order to avoid any problems with the law and avoid misinterpretations of the law.

Recent Amendments and Legal Updates

In 2019, a significant change took place in Section 202 of the Nevada Revised Statutes. A bill known as AB 265 was passed and signed into law, which affected several facets of Nevada law concerning weapons, including batons. The bill essentially eliminated the previously drawn line between dangerous weapons and deadly weapons. Heavy duties and rigid rods or sticks—types of dangerous weapons—and batons were previously categorized differently in Nevada laws; however, the new law clarifies that there is no distinction between the two. AB 265 further states that, while dangerous weapons include heavy duties and rigid rods or sticks, they also include "any other object used in a way or with intent to inflict serious bodily injury . " As a result, although the law does not specifically mention it, this would mean that a baton could be considered either a dangerous weapon or a deadly weapon, depending on the circumstances of its use. It is also important to note that, despite the changes the law in Nevada, other states still consider batons to be illegal weapons, whether by definition or as an aspect of another object’s legal categorization. So, if you travel out-of-state and plan to carry a baton with you, it is important to check the laws of your destination so you do not run into issues that could land you in jail.