Bought a 26" collapsable police style baton with holster today

[#1gunner]

Its not illegal to carry one is it. Not that I would want to take it to walmart or anything but just making sure. Walking in the woods or walking my dog. Take it when going hunting so a less lethal carry weapon.

 

[#1gunner]

Some reason I remember something about a "club"/ Im guessing this is concidered a club. CHL has no bearing on this right. Hope im overthinking this. Guess if you can walk down the street with a shovel or pipe you could do this too. Right?

 

[Southpaw]

Sec 46.01 Definitions

In this chapter:

(1) “Club” means an instrument that is specially designed, made, or adapted for

the purpose of inflicting serious bodily injury or death by striking a person with the

instrument, and includes but is not limited to the following:

(A) blackjack;

(B) nightstick;

(C) mace;

(D) tomahawk.

 

[txinvestigator]

That baton is a club and carrying one is a violation of 46.02 of the penal code. If a person is carrying a CHL and a handgun it is not a violation to carry the club.

 

[#1gunner]

That baton is a club and carrying one is a violation of 46.02 of the penal code. If a person is carrying a CHL and a handgun it is not a violation to carry the club.

Thanks, I thught it has something to do with CHL as well.

To clarify once more, (I KNOW, I KNOW) A chl carrier can carry this as long as he is carrying his firearm as well? It does not have to be concealed correct? Kinda hard to completly conceal it. I walked the dog with it today.

 

[stalker19]

Those flea market batons tend to collapse after a strike or two anyway, might as well use an ice cream cone.

 

[#1gunner]

Those flea market batons tend to collapse after a strike or two anyway, might as well use an ice cream cone.

I have a acct at a warehouse not open to the public. NOT a flea market baton..lol

Suprisingly its made by smith and wesson. Never knew they made them

 

[SIG_Fiend]

That baton is a club and carrying one is a violation of 46.02 of the penal code. If a person is carrying a CHL and a handgun it is not a violation to carry the club.

You know, I asked Stuart B. about this "grey area" and he told me that it wasn't the intent of the law to allow for that, so it probably wasn't really legal. I just sort of shrugged my shoulders. As far as I'm concerned, it should be perfectly legal. You're carrying a gun, you can carry a knife also, and a collapsible baton could be a great, effective tool to be able to utilize. As far as what the actual law says:

PC §46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
(a-2) For purposes of this section, “premises” includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, “recreational vehicle” means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.
(a-3) For purposes of this section, “watercraft” means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water;

PC §46.15. NONAPPLICABILITY.

(b) Section 46.02 does not apply to a person who:
(1) is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 431.001, Government Code, or as a guard employed by a penal institution;
(2) is traveling;
(3) is engaging in lawful hunting, fishing, or other sporting activity on
the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence, motor vehicle, or watercraft, if the weapon is a type commonly used in the activity;
(4) holds a security officer commission issued by the Texas Private Security Board, if the person is engaged in the performance of the person's duties as an officer commissioned under Chapter 1702, Occupations Code, or is traveling to or from the person's place of assignment and is wearing the officer's uniform and carrying the officer's weapon in plain view;
(5) acts as a personal protection officer and carries the person's security officer commission and personal protection officer authorization, if the person:
(A) is engaged in the performance of the person's duties as a personal protection officer under Chapter 1702, Occupations Code, or is traveling to or from the person's place of assignment; and
(B) is either:
(i) wearing the uniform of a security officer, including any uniform or apparel described by Section 1702.323(d), Occupations Code, and carrying the officer's weapon in plain view; or
(ii) not wearing the uniform of a security officer and carrying the officer's weapon in a concealed manner;
(6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying;

I cut 46.15 way down because it's much longer. Technically speaking, the law does not specifically disallow it as far as I can tell. Also, of note is that technically, if one is "traveling" say like in their vehicle, I read that to say 46.02 is not applicable. So technically the whole car carry without a CHL thing could include clubs as well. Any comments? That's the way I read it anyways.

 

[#1gunner]

I sure have a way of posing riskay questions. Sorry. Good question for us to ponder on/learn more about and be knowledgeable on when it comes up again in a few months from someone else.

I can totally see why the police carry similar items. It flails out with a flick of the wrist and is so light compared to other similar objects. Solid steel it is definiatly a very effective tool to use for protections. The holster is great. It has a loop hole high up on it and down low on the holster. Down makes it more concealable, upper loop lets it hang a little bit. You cannot however tell what the item is due to only a small part beign exposed and thats the holster only.

I actually went to the store 2 hours ago, almost midnight and a LEO pulled in right behind me. I decided to pull it out of the holster before entering the gas station. I find it a little stupid concidering they will try to limit carry on these when your carrying a deadly weapon.

 

[txinvestigator]

You know, I asked Stuart B. about this "grey area" and he told me that it wasn't the intent of the law to allow for that, so it probably wasn't really legal. I just sort of shrugged my shoulders.

Who is Stuart B? If you examine the law, it is very easy to ONLY exclude handguns from the requirements of 46.02. The legislators did not do that.

As far as I'm concerned, it should be perfectly legal. You're carrying a gun, you can carry a knife also, and a collapsible baton could be a great, effective tool to be able to utilize. As far as what the actual law says:





I cut 46.15 way down because it's much longer. Technically speaking, the law does not specifically disallow it as far as I can tell. Also, of note is that technically, if one is "traveling" say like in their vehicle, I read that to say 46.02 is not applicable. So technically the whole car carry without a CHL thing could include clubs as well. Any comments? That's the way I read it anyways.

You can carry a club in a car and traveling has nothing to do with it. 46.02 preclude the carry of handguns, illegal knives and clubs, UNLESS you are on your own premises or premises under your control, or inside of a motor vehicle you own or control.

That means that you do not commit a violation if you have a club on or about your person in your vehicle. 46.02 only requires handguns not be in plain view in vehicles.

 

[txinvestigator]

I sure have a way of posing riskay questions. Sorry. Good question for us to ponder on/learn more about and be knowledgeable on when it comes up again in a few months from someone else.

I can totally see why the police carry similar items. It flails out with a flick of the wrist and is so light compared to other similar objects. Solid steel it is definiatly a very effective tool to use for protections. The holster is great. It has a loop hole high up on it and down low on the holster. Down makes it more concealable, upper loop lets it hang a little bit. You cannot however tell what the item is due to only a small part beign exposed and thats the holster only.

I actually went to the store 2 hours ago, almost midnight and a LEO pulled in right behind me. I decided to pull it out of the holster before entering the gas station. I find it a little stupid concidering they will try to limit carry on these when your carrying a deadly weapon.

If you strike someone with a baton it is deadly force. You have a better tool at your disposal if deadly force is justified. IF, and I mean IF, you have specific training in the use of the baton in less than deadly force methods, then you administer it in a less than deadly force fashion. You will be able to explain why the strikes were necessary and not likely to cause serious bodily injury.

Minus that training carrying a baton is not smart and asking for trouble. Pepper Spray is a MUCH better option for non-deadly force situations.

 

[Bithabus]

You know, I asked Stuart B. about this "grey area" and he told me that it wasn't the intent of the law to allow for that, so it probably wasn't really legal. I just sort of shrugged my shoulders. As far as I'm concerned, it should be perfectly legal. You're carrying a gun, you can carry a knife also, and a collapsible baton could be a great, effective tool to be able to utilize. As far as what the actual law says:





I cut 46.15 way down because it's much longer. Technically speaking, the law does not specifically disallow it as far as I can tell. Also, of note is that technically, if one is "traveling" say like in their vehicle, I read that to say 46.02 is not applicable. So technically the whole car carry without a CHL thing could include clubs as well. Any comments? That's the way I read it anyways.

Who is Stuart B and why should we care what he says? Carry of clubs and illegal knives by CHL holder is legal, otherwise there would be blatant contradiction. Anyone who can read should see this.

 

[Texan2]

If you strike someone with a baton it is deadly force. You have a better tool at your disposal if deadly force is justified. IF, and I mean IF, you have specific training in the use of the baton in less than deadly force methods, then you administer it in a less than deadly force fashion. You will be able to explain why the strikes were necessary and not likely to cause serious bodily injury.

Minus that training carrying a baton is not smart and asking for trouble. Pepper Spray is a MUCH better option for non-deadly force situations.

^^^^This.

Legality aside, it is a poor option if you have others available. Police Officers can't carry them without some training and even then most officers arent very good with them. That having been said...They dont need to be these days, due to the advent of pepper spray and TASERs.
I dont think carrying them should be illegal...I just dont know why one would with so many better options available.

 

[TXARGUY]

I'm gonna get me some knife edged nunchucks. Anyone got any tips on how ta swing em around?

 

[Texan2]

I'm gonna get me some knife edged nunchucks. Anyone got any tips on how ta swing em around?

Read this...then you will be ready! Good luck grashoppa....
https://www.blackbeltmag.com/daily/...techniques-against-a-knife-wielding-attacker/

 

[SIG_Fiend]

I'm referring to Stuart Bamsch, the training sergeant in charge at the DPS Tactical Training Center. Anyways, I chalked it up to the whole "10 different people, 10 different answers" thing because it's fairly clear to me that it is in fact legal IMO according to 46.15, Section B, subsections 2 and 6.

 

[Bithabus]

I'm referring to Stuart Bamsch, the training sergeant in charge at the DPS Tactical Training Center. Anyways, I chalked it up to the whole "10 different people, 10 different answers" thing because it's fairly clear to me that it is in fact legal IMO according to 46.15, Section B, subsections 2 and 6.

OK. In this case he is mistaken.

 

[#1gunner]

My primary reasoning for buying it is:
1. It was priced at cost, no retail
2. Take hunting with me
3. Carry when walking my animal. I do carry pepper spray and my firearm. Thought this would be option 2. if a attack were to happen. pepper spray first, then instead of kicking/punching it and injuring my foot or hands a swift steel bar to the attacking animal would be a better option. Then firearm only as a last resort. Meaning Im in fear for my life or my animals life. Meaning only we are loosing the fight and things are way out of hand. Not just attaking animal is being aggresive and they are in a fight. Thats somewhat expected however it needs to be controlled.

I would never ever ever use this on another person. If I am in so much trouble where I been a steel(titanium) baton my firearm would be utilized. I dont want anyone thinking I aquired this for human to human protection.

Thanks guys

 

[grasshopperglock]

My primary reasoning for buying it is:
1. It was priced at cost, no retail
2. Take hunting with me
3. Carry when walking my animal. I do carry pepper spray and my firearm. Thought this would be option 2. if a attack were to happen. pepper spray first, then instead of kicking/punching it and injuring my foot or hands a swift steel bar to the attacking animal would be a better option. Then firearm only as a last resort. Meaning Im in fear for my life or my animals life. Meaning only we are loosing the fight and things are way out of hand. Not just attaking animal is being aggresive and they are in a fight. Thats somewhat expected however it needs to be controlled.

I would never ever ever use this on another person. If I am in so much trouble where I been a steel(titanium) baton my firearm would be utilized. I dont want anyone thinking I aquired this for human to human protection.

Thanks guys

I like you gunner. I enjoy your discussions.

I too have a baton. Made by Monadnock. Two section, the business portion is 13". I'm well verse in the law and have been trained by two police departments in the use of it.

I use it to check for flat tires on a semi cattle truck. Even kept in it my back pocket around the drunk mexicans at auction barns. Many a day, Ive popped in out in front of sheriff's deputies, police, and DPS, checking the tires on the trailer. Out of 6 law enforcement that were anywhere close to the truck. Not a one went out of his way to condemn me for carrying an baton.

Now if I had popped it out to bust an ice bag up in front of walmart. Some idiot probably would have thought I was beating a red headed step child and freaked.

Ive wore that bean can lid on my chest. I'm fully aware of the over abundance of laws imposed on us. And I'll be damned if Im gonna spray a pissed off, corn fed, drunk mexican with pepper spray. Maybe try and knock the knife out his hand with the can?? Only to have him kick my ass for pissing him off more then he is. Id rather tune him up with a baton, stay alive, and face 12 of my peers.

Like the police say, "I'd rather be judged by 12 true, then carried by 6 blue"

 

[txinvestigator]

That post has so much fail my head actually hurts