Mobil Station Robbed

Mike1951 · #16

gregthahand wrote:It would also be a Class A Misdermeanor

But it shouldn't be after Sept. 1st.

KBCraig · #17

Target1911 wrote:
gregthehand wrote:
pbandjelly wrote:and oh, yeah, A Bat in the truck's a great idea! would still be considered Lethal Force, though.
It would also be a Class A Misdermeanor

If you put a ball and glove in the truck too its not.....all you have to say if anyone asks is ya been out with the boys.

I'm sure txinvestigator will be along shortly...

But the gist of it is, a baseball bat is not a "club" in Texas law unless it is made, modified, or adapted to be used as a weapon.

Mike1951 · #18

While the legislature was 'fixing' travelling again this year with HB1815, they seem to have included illegal knives and clubs, giving them the same status as a non-licensee having a handgun in his vehicle.

From HB1815, which goes into effect Sept. 1st:

SECTION 1. Section 46.02, Penal Code, is amended by amending Subsection (a) and adding Subsections (a-1) and (a-2) to read as follows:
(a) A person commits an offense if the person [he] 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 that is owned by the person or under the person's control.

This is going to take a while for the LE community to become aware of this, but it would seem that after Sept. 1st, it will no longer be a violation for simple possession of a club or illegal knife within the constraints of HB1815.

gregthehand · #19

That's good news, I did not realize that it was going to be legal from now on as long as it's in the car. I actually arrested some kids one night for having a baseball bat in their car. There were three and they had the bat in the rear passenger seat behind the driver. I noticed it and asked the driver if they had been laying baseball. He said (and I will quote as best as I can remember) "Nah we keep that in the car just incase we have to whip somebody

When I called the DA and asked which one I should take she just told me to take them all.

govnor · #20

gregthehand wrote:That's good news, I did not realize that it was going to be legal from now on as long as it's in the car. I actually arrested some kids one night for having a baseball bat in their car. There were three and they had the bat in the rear passenger seat behind the driver. I noticed it and asked the driver if they had been laying baseball. He said (and I will quote as best as I can remember) "Nah we keep that in the car just incase we have to whip somebody When I called the DA and asked which one I should take she just told me to take them all.

Lol, *insert loud buzzer noise* wrong answer!