Legal Question in Criminal Law in Massachusetts

I'm seriously considering attending a college right in the center of a bad part of a bad town where muggings and gang related crimes are reported to be frequent occurrences. While I fully intend on taking measures to stay safe and giving up my money in a dangerous situation, I'd still prefer to carry some sort of non-lethal self defense weapon. I don't see a gun as necessary or even plausible, and I'd prefer not to carry a knife as it carries the same deadly stigma. What I've been looking at instead is a 16" ASP Expandable Baton like the ones used by law enforcement. After doing a little research I've read that under
"GENERAL LAWS OF MASSACHUSETTS PART IV. CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES.
TITLE I. CRIMES AND PUNISHMENTS. CHAPTER 269. CRIMES AGAINST PUBLIC PEACE.
Chapter 269: Section 10. Carrying dangerous weapons..."
any person carrying a "slung shot, blowgun, blackjack, metallic knuckles... shall be punished by imprisonment for not less than two and one-half years nor more than five years in the state prison, or for not less than six months nor more than two and one-half years in a jail or house of correction, except that, if the court finds that the defendant has not been previously convicted of a felony, he may be punished by a fine of not more than fifty dollars or by imprisonment for not more than two and one-half years in a jail or house of correction."
While it does state blackjacks and slung shots (Weapons similar to expandable batons) in the court case Commonwealth v. Perry, the Massachusetts Supreme Judicial Court ruled that expandable batons do not fall under the category of Blackjacks.
With this in mind, would possession of an expandable baton likely net me a felony punishment? If I used the baton in a self defense scenario, would I be charged with assault with a deadly weapon? Thank you for your time

Asked on 3/04/11, 12:05 pm

Paul Lancia Attorney Paul Lancia

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More likeley than not you would be charged with an ADW. Whether the charge would survive a challenge is another story.

Answered on 3/12/11, 11:42 am

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