Search found 3 matches

by A-R
Tue Apr 14, 2015 4:45 pm
Forum: The Crime Blotter
Topic: Open Season On Our LEO's
Replies: 41
Views: 7273

Re: Open Season On Our LEO's

AJSully421 wrote:
A-R wrote:
Abraham wrote:AJSully421,

I hope you're in law enforcement?

If you live in the state of Texas, I do believe it's unlawful to carry (even in a vehicle) a collapsible baton, i.e. and "asp" if you're not an LEO.

Anyone here know for certain?

Thanks!
Texas Penal Code
Sec. 46.01. DEFINITIONS. In this chapter:
(1) "Club" means an instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to the following:
(A) blackjack;
(B) nightstick;
(C) mace;
(D) tomahawk.
<remainder edited for space>
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.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
(a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

Sec. 46.15. NONAPPLICABILITY.

(b) Section 46.02 does not apply to a person who:
(6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun;


And I am always carrying a concealed handgun along with a valid license.
You need to reread 46.02. Your ability to legally keep a baton (aka a "club") in your car is within 46.02. Sec 46.15 has nothing to do with it and if you attempt to correlate carrying a club on your person outside your car because of 46.15 you may be in for a rude awakening.
by A-R
Mon Apr 13, 2015 9:53 am
Forum: The Crime Blotter
Topic: Open Season On Our LEO's
Replies: 41
Views: 7273

Re: Open Season On Our LEO's

Abraham wrote:AJSully421,

I hope you're in law enforcement?

If you live in the state of Texas, I do believe it's unlawful to carry (even in a vehicle) a collapsible baton, i.e. and "asp" if you're not an LEO.

Anyone here know for certain?

Thanks!
Texas Penal Code
Sec. 46.01. DEFINITIONS. In this chapter:
(1) "Club" means an instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to the following:
(A) blackjack;
(B) nightstick;
(C) mace;
(D) tomahawk.
<remainder edited for space>
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.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
(a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.
by A-R
Sat Apr 11, 2015 8:48 pm
Forum: The Crime Blotter
Topic: Open Season On Our LEO's
Replies: 41
Views: 7273

Re: Open Season On Our LEO's

Cottonwood Police ceremony to thank citizens who helped:

http://www.abc15.com/news/region-northe ... y-in-march" onclick="window.open(this.href);return false;


Gut-check time ... would you have stepped in to help officers? How ?

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