Is it legal to carry a collapsible baton in texas?

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

#16

Post by C-dub » Thu Jun 19, 2014 10:21 pm

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

#17

Post by howdy » Thu Jun 19, 2014 11:34 pm

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

#18

Post by Cedar Park Dad » Fri Jun 20, 2014 11:31 am

Deltaboy wrote:Canes are the way to go. Check out Canemasters and the Cane Thread over on The High Road. :tiphat:
Cane is good, but may not be the best if jogging (throwing off balance). Really good mace/pepper spray would be another option if CHL is not.


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

#19

Post by rotor » Mon Jun 23, 2014 5:14 pm

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?

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

#20

Post by jbarn » Mon Jun 23, 2014 5:51 pm

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

#21

Post by jbarn » Mon Jun 23, 2014 5:53 pm

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

#22

Post by mojo84 » Mon Jun 23, 2014 6:04 pm

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.

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

#23

Post by jbarn » Mon Jun 23, 2014 9:03 pm

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.
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TCLEOSE Instructor (now TCOLE)


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

#24

Post by howdy » Mon Jun 23, 2014 9:20 pm

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

" onclick="window.open(this.href);return false;
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Re: Is it legal to carry a collapsible baton in texas?

#25

Post by mojo84 » Mon Jun 23, 2014 10:14 pm

jbarn wrote:
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.

There are methods and circumstances in which a club/baton can be used in a non-deadly force manner. Strikes to the arms and legs can be effective without being deadly. So can using it as a blocking device.

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

#26

Post by jbarn » Mon Jun 23, 2014 10:15 pm

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

" onclick="window.open(this.href);return false;
Without clicking let me guess; TJ Hooker? :hurry:
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Re: Is it legal to carry a collapsible baton in texas?

#27

Post by Dragonfighter » Tue Jun 24, 2014 4:40 am

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

" onclick="window.open(this.href);return false;
Without clicking let me guess; TJ Hooker? :hurry:

My wife lived in Ireland for a few years as a missionary. There was a cop in her building that she spoke with (no dating, just convo) and she saw him stop a runaway car by sending his club through the windshield of the car. Can't recall if it hit the driver or not but it came to a screeching halt.
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Re: Is it legal to carry a collapsible baton in texas?

#28

Post by mr1337 » Thu Jul 10, 2014 12:29 pm

Sec. 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.
Meaning, you can carry a baton (a.k.a. club), handgun, or illegal knife if you're at home or in your car (or other property that you control.)

Although I would agree that the exception in Section 46.15 stating that Section 46.02 does not apply if you are carrying a handgun and have a valid CHL is legit. It doesn't say that it only exempts the 46.02 handgun requirement. It says the whole section doesn't apply if you have a CHL and are carrying a handgun.

Any lawyer worth his salt would be able to get the charge thrown out - but you still risk arrest and need to pay for a lawyer. But... Perhaps at that point you could sue for false arrest & imprisonment since the law explicitly exempted you from the violation.
Keep calm and carry.

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

#29

Post by Deltaboy » Sat Jul 12, 2014 5:03 pm

Good to know I can get one. And that DA in the case needs to be disbarred. It plainly says the law doesn't apply to CHL HOLDERS.
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Re: Is it legal to carry a collapsible baton in texas?

#30

Post by pancho » Sat Jul 12, 2014 5:29 pm

Deltaboy wrote:Good to know I can get one. And that DA in the case needs to be disbarred. It plainly says the law doesn't apply to CHL HOLDERS.
I thought it doesn't apply if you're carrying your license and a concealed handgun. Leave the handgun or license at home and it applies.

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