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If a person in California once had a billy club license, does he not have it for life? Does the license have an end date?

Watsonville, CA |

A friend was arrested for having a "billy club" in his car. He was on probation at the time. The item was actually a short ax handle which used to hold up the hood of his car, because the original mechanism was broken. He used to hold a job that required use of a billy club, and thus had a license. He was told that those types of licenses are valid for life.

Attorney Answers 3

Posted

Two issues. The handle he used may not even be baton in the first place. That is a legal determination. Second as it relates to your question, the baton permit is valid so long as the person has a valid guard card or is a police officer.

The above information does not establish an attorney client relationship nor is it meant to provide legal advice.

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Posted

A baton permit only protects people who are currently employed as a peace officer or security guard. A much better defense is that an ax handle intended for use to prop the hood of a car is not a billy.

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Posted

An object that can be used either as a weapon or as a tool is only a weapon if the possessor intends to use it as a weapon.

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1 comment

Sean Anthony Brady

Sean Anthony Brady

Posted

All three answers here are good ones, but Mr. Hagopian nailed the main legal issue: the prosecutor has to prove that he intended the object to serve as a weapon. Though I cannot opine without knowing all the facts, it would seem pretty difficult to make such a showing beyond a reasonable doubt. Your friend should remain silent, that means do not talk to ANYONE, and retain counsel. If he cannot afford a private attorney he should ask for a public defender.

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