A question on the Offensive Weapons Act, 1990

Muckly

Hi everybody, first post here on Boards.ie.

I was looking at the legislation regarding owning an extendable baton as outlined in the Offensive Weapons Act 1990, when I noticed something.

Under Section 2, subsection k, detailing various offensive weapons;

the weapon sometimes known as a telescopic truncheon or telescopic billy, being a
truncheon which extends automatically by hand pressure applied to a button, spring or
other device in or attached to its handle;

Note, it specifies a telescopic truncheon (aka. a telescopic baton) that extends automatically with the press of a button, spring, or other device activating an extension mechanism.

This was strange to me, considering many types of telescopic baton extend with the use of force derived from a flick of the wrist, and held in place with friction between the sections, such is the type of baton An Garda Síochána use.

Since the subsection specifies that an extendable baton is a prohibited weapon when it extends automatically with a button, spring or other device, does this mean that the friction lock type I described above is legal to own in a home?

It's commonly accepted in Ireland that all telescopic batons are prohibited, but is this common belief a misinterpretation of the law?

I am considering asking my local Garda station what their interpretation is anyhow, but I thought I'd ask here first.

Eric Cartman

don't keep a telescopic truncheon no matter how deployed in your house. You have no legal use for such a thing.

Muckly

Eric Cartman wrote: »

don't keep a telescopic truncheon no matter how deployed in your house. You have no legal use for such a thing.

I'm not asking for your opinion on whether I should own one. I'm asking whether you think I can import and own a specific type legally.

As for why I'd want one; after talking with Guards and getting the chance to see them demonstrate extendable batons and well as try it myself, I've seen how intimidating they are. The mechanical clank they make when they open is really something else, and that's what sets them apart from a hurley or golf club for me.

Eric Cartman

Muckly wrote: »

I'm not asking for your opinion on whether I should own one. I'm asking whether you think I can import and own a specific type legally.

As for why I'd want one; after talking with Guards and getting the chance to see them demonstrate extendable batons and well as try it myself, I've seen how intimidating they are. The mechanical clank they make when they open is really something else, and that's what sets them apart from a hurley or golf club for me.

mentioning two other implements used that all three have nothing else in common , youre basically admitting that this is a weapon you want to keep in your home with the specific intention of using it on another person , whether that be offensively or defensively and you are looking for a loophole in a law that would allow you to import such a thing. I don't think you would be correct in your statement that one being deployed by momentum and held by friction would be legal but ill let somebody else take over on that .

I however suspect that it has nothing to do with the sound or feel and is more to do with it being portable or concealable, of which is of great concern and for that reason I'm living in hope that these are covered under that law.

GM228

Muckly wrote: »

I'm not asking for your opinion on whether I should own one. I'm asking whether you think I can import and own a specific type legally.

Nope, it is illegal to both sell or import.

12. (1) Any person who—

(a) manufactures, sells or hires, or offers or exposes for sale or hire, or by way of business repairs or modifies, or

(b) has in his possession for the purpose of sale or hire or for the purpose of repair or modification by way of business, or

(c) puts on display, or lends or gives to any other person,

a weapon to which this section applies shall be guilty of an offence.

12. (6) The importation of a weapon to which this section applies is hereby prohibited.

Unless you bought/imported before 12th June 1990 then there is no way to legally obtain one now.

judeboy101

What happens if you find one when clearing out a house, e.g. In a skip? Reading OP's quote of the law it seems perfectly legal to have one in your house if you do not import or buy it.

Muckly

Eric Cartman wrote: »

mentioning two other implements used that all three have nothing else in common , youre basically admitting that this is a weapon you want to keep in your home with the specific intention of using it on another person , whether that be offensively or defensively and you are looking for a loophole in a law that would allow you to import such a thing. I don't think you would be correct in your statement that one being deployed by momentum and held by friction would be legal but ill let somebody else take over on that .

I however suspect that it has nothing to do with the sound or feel and is more to do with it being portable or concealable, of which is of great concern and for that reason I'm living in hope that these are covered under that law.

I wish to keep it in my home to defend myself and my family yes, and to imply that this is some immoral act is unfair I feel.

I am honest when I say what sets it apart is the intimidating sound it makes, and because of this sound I think it would be likely that there would be no need for violence at all. As far as I'm aware, it is not illegal to have a legally held item in the home with the specific intention to defend oneself from an intruder.

It is illegal to carry it around in public and I have no intention of doing that.
It's ability to be concealed is of no interest to me.
I think it's unfair that because I wish to own it legally, you feel that I would intentionally hurt another person. If hurting others were my intention, I would surely not need this specific item.

Thanks for the responses!

Victor

Muckly wrote: »

I wish to keep it in my home to defend myself and my family yes

Get a monitored house alarm with a panic button. Have more than one phone. Fit security windows and doors. Get a dog. Get an intercom for the front door / gate. Fit cameras.

mynamejeff

for something like this i believe that he the public place is the relevant ingredient .

you can have one but not in public in your car in your bag in your belt etc

importation would not be legal

Del2005

Muckly wrote: »

Hi everybody, first post here on Boards.ie.

I was looking at the legislation regarding owning an extendable baton as outlined in the Offensive Weapons Act 1990, when I noticed something.

Under Section 2, subsection k, detailing various offensive weapons;

the weapon sometimes known as a telescopic truncheon or telescopic billy, being a
truncheon which extends automatically by hand pressure applied to a button, spring or
other device in or attached to its handle;

Note, it specifies a telescopic truncheon (aka. a telescopic baton) that extends automatically with the press of a button, spring, or other device activating an extension mechanism.

This was strange to me, considering many types of telescopic baton extend with the use of force derived from a flick of the wrist, and held in place with friction between the sections, such is the type of baton An Garda Síochána use.

Since the subsection specifies that an extendable baton is a prohibited weapon when it extends automatically with a button, spring or other device, does this mean that the friction lock type I described above is legal to own in a home?

It's commonly accepted in Ireland that all telescopic batons are prohibited, but is this common belief a misinterpretation of the law?

I am considering asking my local Garda station what their interpretation is anyhow, but I thought I'd ask here first.

Other device would cover a friction lock.

If you are relying on the noise of a baton extending to protect yourself and family you are already too late. Keep them out or leave your valuables in an obvious place which isn't visible from outside, valuables can be replaced people can't.

judeboy101

Del2005 wrote: »

Muckly wrote: »

Hi everybody, first post here on Boards.ie.

I was looking at the legislation regarding owning an extendable baton as outlined in the Offensive Weapons Act 1990, when I noticed something.

Under Section 2, subsection k, detailing various offensive weapons;

the weapon sometimes known as a telescopic truncheon or telescopic billy, being a
truncheon which extends automatically by hand pressure applied to a button, spring or
other device in or attached to its handle;

Note, it specifies a telescopic truncheon (aka. a telescopic baton) that extends automatically with the press of a button, spring, or other device activating an extension mechanism.

This was strange to me, considering many types of telescopic baton extend with the use of force derived from a flick of the wrist, and held in place with friction between the sections, such is the type of baton An Garda Síochána use.

Since the subsection specifies that an extendable baton is a prohibited weapon when it extends automatically with a button, spring or other device, does this mean that the friction lock type I described above is legal to own in a home?

It's commonly accepted in Ireland that all telescopic batons are prohibited, but is this common belief a misinterpretation of the law?

I am considering asking my local Garda station what their interpretation is anyhow, but I thought I'd ask here first.

Other device would cover a friction lock.

If you are relying on the noise of a baton extending to protect yourself and family you are already too late. Keep them out or leave your valuables in an obvious place which isn't visible from outside, valuables can be replaced people can't.

Does 'other device' not apply to the method by which it extends? The friction lock doesn't cause the extension but rather prevents the retraction. To me 'other device' covers CO2 and compression devices.

Del2005

judeboy101 wrote: »

Does 'other device' not apply to the method by which it extends? The friction lock doesn't cause the extension but rather prevents the retraction. To me 'other device' covers CO2 and compression devices.

Other device is so vague it can cover nearly anything, swinging your hand is applying pressure to a friction lock to release it.

meathstevie

I can recommend a century old antique British cavalry sword. It's probably at the pinnacle of modern European blade making. The sound of that being drawn will give anyone the jitters and it's perfectly legal to have in a private place.