TexasCHLforum.com

rickb308 wrote:

dolanp wrote:I think OC is a good idea even if you carry a gun because if some guy comes at you unarmed and starts trouble for whatever reason you can't really shoot him.

OC is some places could work against you. Literally.
(Wind, tight quarters, ie., elevator, etc.)

Folding baton (ASP Style) or blackjack.
Penal code 46.15 (b) (6)

New thread? Applicability of Penal code 46.15 (b) (6)?

The baton issue is two-fold.

1. Unless you have been trained in non-lethal baton use of force, baton use is most likely to be deadly force. TPC 9.01

(3) "Deadly force" means force that is intended or known by
the actor to cause, or in the manner of its use or intended use is
capable of causing, death or serious bodily injury.

TPC 1.07

(46) "Serious bodily injury" means bodily injury that creates
a substantial risk of death or that causes death, serious permanent
disfigurement, or protracted loss or impairment of the function of any
bodily member or organ.

2. And although 46.15 of the Penal Code states

(b) Section 46.02 does not apply to a person who:



(6) is carrying a concealed handgun and a valid license
issued under Article 4413(29ee), Revised Statutes, to carry a
concealed handgun of the same category as the handgun the person is
carrying;

One might argue that if you are carrying a handgun under the CHL laws, then ALL of 46.02 does not apply; however, notice that in other sections, no such language as "is carry a handgun" is used.

For Armed Security Guards, for example, states;


46.02 does not apply to a person who;

(5) holds a security officer commission issued by the Texas
Board of Private Investigators and Private Security Agencies, if:

(A) the person is engaged in the performance of the person's
duties as a security officer or traveling to and from the person's
place of assignment;

(B) the person is wearing a distinctive uniform; and

(C) the weapon is in plain view;

Notice it states the "weapon" must be in plain view. There is no limitation to a handgun, as in (6)

The same holds true for all other sections.

I believe that the CHL does not permit carry of a club.

OC is legal, not deadly force, and a great alternative to DF. IMO.

ghentry wrote:Is 1/2 oz a good enough size? Also, does it say what the ingredients are? (This is new to me, but I assume there are differing concentrations of "pepper spray").

I have had one of the full sized ones for a long time. My cannister was a little over a year old, and I was ready to replace it. Where I teach they were doing an OC certification class. I let them use mine, and they got 8 GOOD doses from it.

OC is measured in skoville heat units. The % concentration you see has zero meaning regarding the potency of the spray.

I also believe that if you carry a lethal means of self-defense you should carry a less lethal means.

In Dallas right after the CHL law was passed a CHL holder used Deadly Force. He and another man had some traffic problem, and the CHL holder got trapped in traffic at a red light and could not move.

The offender approached his truck, and when the CHL holder tried to roll the window up the offender held it down. The offender then proceeded to pound the CHL holder in the face multiple times.

The CHL holder grabbed his .40 pistol and ended the unlawful deadly force with one shot, killing the offender.

ALthough the Grand Jury no-billed the CHL holder, he might not have had to taken a life and avoided a costly legal defense had he had access to OC.

Just a thought,...stay safe.