Filed Date: 12/8/1980
Status: Precedential
Modified Date: 7/5/2016
Susan Marie Tatro, Esq. Town of Colonie
You inquire whether police officers of a town may carry weapons such as blackjacks, slapjacks, slapsticks and saps and if use of these weapons is proper.
Section
Conduct which would otherwise be an offense is justifiable and not criminal when performed by a public servant in the reasonable exercise of his official powers, duties, or functions (Penal Law, §
The conditions when physical force may justifiably be used by police officers and others are specifically set forth in Article 35 of the Penal Law. Obviously, whether conduct by a police officer is justifiable will depend on the circumstances and must be determined in a case-by-case basis.
We conclude that it is not unlawful for a police officer of a town police department to possess a firearm, electronic dart gun, gravity knife, switchblade knife, cane sword, billy, blackjack, bludgeon, metal knuckles, chuka stick, sand bag, sandclub or slungshot. These weapons may be used by town police officers in the reasonable exercise of their duties subject to the provisions of the Penal Law.