Hi Dave,
I'm not sure if you got to see this. I had my baton seized by the Abby PD (my son told his teacher that I had 1 and she called the popo) They have refused to return it to me sighting that it is a prohibited weapon. I filed a freedom of information and obtained the report as follows:
So here it is , I'll save you guys all the introduction & get into the muddy stuff.
Analysis:
The exhibit was examined in close detail. Its attributes were recorded in the body of this report.
At first glance. the item exhibited the the general characteristics consistently found with objects that are characterized as a multi-cell battery powered flashlight.
The item is fashioned entirely of metal. It its present form, it's made from a sufficient amount of weighted metal material that , when used against as intended target or victim could/would effectively deliver the needed momentum and kinetic energy towards an impending object or subject to cause sufficient blunt trauma, injury, or damage.
The secondary purpose of this analysis was also to determine whether the item falls within the category of a Conductive Energy Weapon (CEW) as defined by the professional standards set out by the technical community as large, private industry, and in accordance with the definitions outline in the criminal Code of Canada.
The term "conductive energy device" or "CED" is used to refer to the general class if electronic incapacitation devices.
First and second generation stun systems, commonly referred to as "stun guns," worked by transmitting pulses of electricity to the subject that acted on the sensory nervous system. (the system that carries information from the body to the brain.) These devices worked on the basis of pain compliance * (Taser international)
At first glance, it appears the main purpose and design of this item is to use it as a flashlight. However, the device now coupled with the ability to transfer electrical impulses, adds to its lethality and ability to both intimidate and harm the intended victim(s) on another level.
The device is designed with a lanyard/carabiner soo that it can be conveniently carried like a large flashlight. The abilty to conduct energy in the form of electrical impulses adds to its ability to inflict pain or harm on any intended victim.
Open source research located on several US and Canadian distributors whoe sell this item on the open online market. All distributors market the item for "personal protection" and focus their marketing strategy on the items compact nature, its ease of use, and ability to thwart an impending attack.
As a flashlight , the device operates normally and provides sufficient lumens to allow someone to see under dark or low light conditions.
As a weapon, this Stun Flashlight/ "Incredible Stun Baton" appears to be quite effective on two distinct levels:
a) as a large heavily weighted object, the device could inflict pain if used against human flech, bone or tissue. This item would most likely inflict serious injury and
harm to an individual; and
b) secondly , as a Conducted Energy Weapon (CEW), the transfer of an estimated/advertised 1,000,000 volts of conducted energy would cause damage and burns
to the skin through single layers of clothing if active contact remained in one area for prolonged period of time.
As a weapon, this stun baton-flashlight could be used in an offensive and defensive manner against an impending attacker/victim.
Cited Legislation
1 Criminal Code of Canada Section 92 (2)
Possession of prohibited weapon, device or ammunition knowing its possession is unauthorized
(2) Subject to subsection (4), every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition knowing that the person is not the holder of a licence under which the person may possess it.
2 Criminal Code of Canada - Section 2 defines a "weapon" as,
weapon means any thing used, designed to be used or intended for use
(a) in causing death or injury to any person, or
(b) for the purpose of threatening or intimidating any person
and, without restricting the generality of the foregoing, includes a firearm and, for the purposes of sections 88, 267 and 272, any thing used, designed to be used or intended for use in binding or tying up a person against their will; (arme)
3 Criminal Code of Canada Section 84 states that a " Prohibited Weapon" means
prohibited weapon means
(a) a knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or attached to the handle of the knife, or
(b) any weapon, other than a firearm, that is prescribed to be a prohibited weapon; (arme prohibée)
4 Criminal Code of Canada (Part III) provides a Former PRohibited Weapons List and Under Former Prohibited Weapons order #3 Conducted energy Weapons are described
as
6 Any device that is designed to be capable of injuring, immobilizing or incapacitating a person or an animal by discharging an electrical charge produced by means of the amplification or accumulation of the electrical current generated by a battery, where the device is designed or altered so that the electrical charge may be discharged when the device is of a length of less than 480 mm, and any similar device.
Conclusion:
In conclusion, the analysis conducted of exhibit#1 - Stun Flashlight/ "Incredible Stun Baton" clearly revealsthat the item seized by Constable NM is in fact, a conducted weapon as described by the Criminal Code of Canada - Former Prohibited Weapons Order #3.
It meets all the definitions and criteria set out by the law and the analysis conducted supports all conclusions made in its determination .
Constable P. Quaglia #326
Abbotsford Police Department
Non Firearms Prohibited Weapons Expert.
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Originally Posted by Gnome75
