Recommend a decent collapsible baton?

[txfiveoh]

No, he is not incorrect. The government code, in 411 (h), does not set out offenses. The penal code does. 46.02 makes it unlawful to carry a handgun, illegal knife or club, with certain exceptions. PC 46.15 (b) states, in part, that 46.02 does not apply to a person who is carrying a concealed handgun (at least for 9 more days) AND a valid license. That section does not restrict the non-applicability to to only the carry of handguns.

Well, in my LexisNexis, it appears to...

"PC 46.15 (b) Section 46.02 does not apply to a person who:
(6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun;

Check out PC 46.15 (c), (d), (f) and (g)

 

[txinvestigator]

Well, in my LexisNexis, it appears to...

"PC 46.15 (b) Section 46.02 does not apply to a person who:
(6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun;

Check out PC 46.15 (c), (d), (f) and (g)

That is the correct law. if a person is carrying a concealed handgun and a valid license, the 46.02 does not apply to the person. Since 46.02 proscribes the carry of handguns, illegal knives and clubs, then a person who carries a concealed handgun and a license is not prohibited from carrying a handgun, illegal knife or club.

The legislature could have easily restricted to just the carry of handguns, had they worded it like any of these sections from 46.15(b)

(c) The provision of Section 46.02 prohibiting the carrying of a club does not apply to a noncommissioned security guard at an institution of higher education who carries a nightstick or similar club, and who has undergone 15 hours of training in the proper use of the club, including at least seven hours of training in the use of the club for nonviolent restraint. For the purposes of this subsection, "nonviolent restraint" means the use of reasonable force, not intended and not likely to inflict bodily injury.
(d) The provisions of Section 46.02 prohibiting the carrying of a firearm or carrying of a club do not apply to a public security officer employed by the adjutant general under Section 437.053, Government Code, in performance of official duties or while traveling to or from a place of duty.
(e) The provisions of Section 46.02 prohibiting the carrying of an illegal knife do not apply to an individual carrying a bowie knife or a sword used in a historical demonstration or in a ceremony in which the knife or sword is significant to the performance of the ceremony.

It could read like this; "The provisions of Section 46.02 prohibiting the carrying of a handgun do not apply to an individual who is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun".

They didn't do that, that made such a person exempt from ALL of 46.02

 

[txfiveoh]

That is the correct law. if a person is carrying a concealed handgun and a valid license, the 46.02 does not apply to the person. Since 46.02 proscribes the carry of handguns, illegal knives and clubs, then a person who carries a concealed handgun and a license is not prohibited from carrying a handgun, illegal knife or club.

The legislature could have easily restricted to just the carry of handguns, had they worded it like any of these sections from 46.15(b)



It could read like this; "The provisions of Section 46.02 prohibiting the carrying of a handgun do not apply to an individual who is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun".

They didn't do that, that made such a person exempt from ALL of 46.02

Well,

I am not going to debate this any further. I will simply disagree.

 

[txinvestigator]

Well,

I am not going to debate this any further. I will simply disagree.

lol

 

[SA_Steve]

So as a licensed carrier, must I be carrying my handgun in order to legally carry a club (or the big knife) ?

 

[TheDan]

So as a licensed carrier, must I be carrying my handgun in order to legally carry a club (or the big knife) ?

Yep, although many don't understand that quirk of how the law is written. I don't know if anyone has ever asked Jerry Patterson or any of the other legislators involved if that was intentional or not.

 

[Hoji]

ASP airweight. Made from 7075 aircraft aluminum. Light and allows for significant speed increase for swing.

 

[majormadmax]

Well,

I am not going to debate this any further. I will simply disagree.

Its not a debate, the same law was used for an individual who carried a knife into the state capital. Instead of disagreeing, maybe you ought to do a little more research on the topic!

 

[Mreed911]

Well,

I am not going to debate this any further. I will simply disagree.

You do have the right to be wrong.

 

[Bithabus]

Well,

I am not going to debate this any further. I will simply disagree.

Wow. You're an idiot

 

[ROGER4314]

http://www.midwayusa.com/product/16...le-baton-26-steel-shaft-with-foam-rubber-grip

I have several of these batons and installed one on each of my bicycles. The true test for me is if the baton remains withdrawn until needed, extends effectively when flicked downward and stays extended, once deployed. These puppies do all of that! To withdraw the baton segments, you need to smack the end very hard on a solid surface. It takes a lot of force to make that happen.

I bought my first one in 2011 and have several of the same brand in other lengths. The short ones work just as well but I prefer the longer ones. All totaled, I have about 6 of these batons and no problems with any of them.

I can't justify the cost of a professional level "Asp", but these do everything that I need as a civilian. I would hate like Hell to get hit with one of them!

Flash

 

[Hoji]

Well,

I am not going to debate this any further. I will simply disagree.

Two cops and a lawyer are trying to explain it to you. I truly hope you show better judgement when on the job than on the Internet.

 

[Charlie]

Two cops and a lawyer are trying to explain it to you. I truly hope you show better judgement when on the job than on the Internet.

Winner^^^^^^^

 

[Bithabus]

I'm thinking about adding a collapsible baton to my EDC.

Don't want to spend a load of money, but don't want to flea market crap either.

The ASP sentry is good for the money. It's the same as the more expensive ASP batons but uses a slightly inferior grade of steel. http://www.opticsplanet.com/asp-s21b-sentry-tactical-baton-black-chrome-52400.html

 

[Younggun]

The issue is that many LE don't understand the law.

I brought it up to my BIL in DPS and he was unwilling to accept what was written.

Rap is easily beaten, ride not so much. Have checkbook ready. Wish the AG would clarify.


Sent from my HAL 9000

 

[Charlie]

The issue is that many LE don't understand the law.

I brought it up to my BIL in DPS and he was unwilling to accept what was written.

Rap is easily beaten, ride not so much. Have checkbook ready. Wish the AG would clarify.


Sent from my HAL 9000

And make it public knowledge (as in: a statement to the media!).

 

[bones_708]

And make it public knowledge (as in: a statement to the media!).

It's pretty clear it was something that was overlooked and not intended to allow chl holders to carry otherwise illegal weapons. Not that it should matter. Intent should only be considered when there is something cloudy about the language. Here it's clear. I would say that a push to make it clear could backfire. Now you are pretty much guaranteed a not guilty even if you don't beat the ride. Make too big of a deal and I can see the mistake being clarified so it would again apply to everyone.