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by rotor
Mon Jun 23, 2014 5:14 pm
Forum: General Texas CHL Discussion
Topic: Is it legal to carry a collapsible baton in texas?
Replies: 32
Views: 10084

Re: Is it legal to carry a collapsible baton in texas?

howdy wrote:Not trying to sharpshoot the law, BUT 46.02 makes it illegal to carry a handgun, illegal knife or club. Then 46.15 says that 46.02 does not apply to someone who is carrying a handgun with a valid license. So it appears that carrying a club is not illegal to a CHL holder with a gun based on 46.02. Is there some other code that disallows this. (This is strictly for discussion and I do not teach this) I'll let jbarn straighten this out.

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:



pc46.15
(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
TEXAS CONCEALED HANDGUN LAWS
52TEXAS CONCEALED HANDGUN LAWS
53
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
This looks like you are correct but the requirement to carry a baton would be that you have a chl, you are carrying your concealed handgun and then you could have a baton. From what it reads if you did not have your handgun with you then you could not have the baton??? Seems like you should be able to carry the baton as long as you have chl but perhaps you need all 3 ( chl, gun and baton) to make it legal. Guess I go to Academy and get one as my real use would be dogs when I walk my dogs. I did not notice this exemption (46.15) before. Any legal pros to help here?
by rotor
Sun Jun 01, 2014 12:00 am
Forum: General Texas CHL Discussion
Topic: Is it legal to carry a collapsible baton in texas?
Replies: 32
Views: 10084

Re: Is it legal to carry a collapsible baton in texas?

They carry them at Academy and even WalMart. Again though illegal to carry outside of your property.

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