Virginia Expandable Baton Laws

NOTE: This information is not provided as legal advice. Always consult a lawyer and seek legal guidance.

1. Virginia Code Title 18.2. Crimes and Offenses Generally § 18.2-311. Prohibiting the selling or having in possession blackjacks, etc.

If any person sells or barters, or exhibits for sale or for barter, or gives or furnishes, or causes to be sold, bartered, given or furnished, or has in his possession, or under his control, with the intent of selling, bartering, giving or furnishing, any blackjack, brass or metal knucks, any disc of whatever configuration having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, switchblade knife, ballistic knife as defined in § 18.2-307.1 , or like weapons, such person is guilty of a Class 4 misdemeanor.  The having in one’s possession of any such weapon shall be prima facie evidence, except in the case of a conservator of the peace, of his intent to sell, barter, give or furnish the same.


This law prohibits the selling, bartering or furnishing illegal weapons (which include any blackjack), displaying them for sale, or possessing such weapons with the intention to sell them.


2. Virginia Code Title 19.2. Criminal Procedure § 19.2-386.29. Forfeiture of certain weapons used in commission of criminal offense

All pistols, shotguns, rifles, dirks, bowie knives, switchblade knives, ballistic knives, razors, slingshots, brass or metal knucks, blackjacks, stun weapons, and other weapons used by any person in the commission of a criminal offense, shall, upon conviction of such person, be forfeited to the Commonwealth by order of the court trying the case.  The court shall dispose of such weapons as it deems proper by entry of an order of record.  Such disposition may include the destruction of the weapons or, subject to any registration requirements of federal law, sale of the firearms to a licensed dealer in such firearms in accordance with the provisions of Chapter 22.1 ( § 19.2-386.1 et seq. ) regarding sale of property forfeited to the Commonwealth.

The court may authorize the seizing law-enforcement agency to use the weapon for a period of time as specified in the order.  When the seizing agency ceases to so use the weapon, it shall be disposed of as otherwise provided in this section.

However, upon petition to the court and notice to the attorney for the Commonwealth, the court, upon good cause shown, shall return any such weapon to its lawful owner after conclusion of all relevant proceedings if such owner (i) did not know and had no reason to know of the conduct giving rise to the forfeiture and (ii) is not otherwise prohibited by law from possessing the weapon.  The owner shall acknowledge in a sworn affidavit to be filed with the record in the case or cases that he has retaken possession of the weapon involved

All above-mentioned weapons (which include blackjacks) used by any person who has committed a criminal offense shall be forfeited upon his/her conviction, by order of the court. The court then shall dispose of such weapons in ways that are deemed appropriate, such as destroying them or selling certain weapons (such as firearms) to a licensed dealer.

The court may permit the law enforcement agency – who does the duty of seizing any such weapon – to use them for a given period as specified in the order. Once they stop using such a weapon, the law enforcement agency shall dispose of it in ways which are mentioned earlier.

The court may return the weapon to its rightful owner provided that the owner is proven to have no knowledge of the act that caused his/her weapon to be forfeited, or that the owner is not otherwise prohibited by law from having it.