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by jbarn
Mon Jun 23, 2014 10:15 pm
Forum: General Texas CHL Discussion
Topic: Is it legal to carry a collapsible baton in texas?
Replies: 32
Views: 10022

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

howdy wrote:You could always use it this way for someone escaping with your property. :mrgreen:

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Without clicking let me guess; TJ Hooker? :hurry:
by jbarn
Mon Jun 23, 2014 9:03 pm
Forum: General Texas CHL Discussion
Topic: Is it legal to carry a collapsible baton in texas?
Replies: 32
Views: 10022

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

mojo84 wrote:
jbarn wrote:
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

I agree with you; HOWEVER, I know a person who tried this and it cost him over 5 grand to get a DA to dismiss the case. He carried his CHL, a concealed handgun, and a knife with a blade over 5 and 1/2 inches in length. He was arrested by DPS after several Troopers consulted with a supervisor.

Why carry a club?

Same reason cops do. Not every situation calls for a gun.
Unless you are trained in less lethal and non-deadly force techniques and use of a club, any strike you make is highly likely to be seen as deadly force. Your handgun is a much better tool for deadly force. Pepper spray is a much better tool for a lay person for non deadly force use than a club.
by jbarn
Mon Jun 23, 2014 5:53 pm
Forum: General Texas CHL Discussion
Topic: Is it legal to carry a collapsible baton in texas?
Replies: 32
Views: 10022

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

I agree with you; HOWEVER, I know a person who tried this and it cost him over 5 grand to get a DA to dismiss the case. He carried his CHL, a concealed handgun, and a knife with a blade over 5 and 1/2 inches in length. He was arrested by DPS after several Troopers consulted with a supervisor.

Why carry a club?
by jbarn
Mon Jun 23, 2014 5:51 pm
Forum: General Texas CHL Discussion
Topic: Is it legal to carry a collapsible baton in texas?
Replies: 32
Views: 10022

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

C-dub wrote:YMMV with different LEOs. I also have a collapsible steel baton and a few LEOs have seen it. I also have a big Bowie knife that I've had in my truck before and various LEOs have seen it and seen me use it. I use it around a campground for different things kind of like what a hatchet would be used for. Not one has even warned me about it. But, get the wrong LEO or a good one that has had a bad day and things might not go so smoothly.
In your vehicle those are perfectly legal. In some circumstances, they are legal outside of your vehicle. See penal code sections 46.02 and 46.15(b)
by jbarn
Sun Jun 01, 2014 7:01 am
Forum: General Texas CHL Discussion
Topic: Is it legal to carry a collapsible baton in texas?
Replies: 32
Views: 10022

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

nightmare69 wrote:Yes it illegal, you cannot carry an ASP unless you are a police officer.

Or a commissioned security guard, or a non commissioned security guard who meets specific requirments, or are a person in his own vehicle or one under his control, or are traveling, or meet other exceptions. :cheers2:
by jbarn
Sun Jun 01, 2014 6:58 am
Forum: General Texas CHL Discussion
Topic: Is it legal to carry a collapsible baton in texas?
Replies: 32
Views: 10022

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

It is NOT illegal to carry a club, which is what an ASP or collapsable baton is, everywhere off of your property. Penal code 46.02 prohibits the carry of a club unless you are own your own premises or premises under your control, OR inside of of en route to a motor vehicle you own or is under your control.

One can carry in ones car. The restrictions that apply to unlicensed handgun carry in a car do not apply to the carry of clubs.

For the OP, even if you carry a club lawfully, unless you have specific training in the non lethal use of the club any strike is likely to be deadly force. Unless deadly force is justified your could have serious legal consequences. Pepper spray ma be a better alternative.

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