ASP Baton

[HighVelocity]

What is the law regarding the ASP baton? Legal for civilian carry or off limits?

[dws1117]

That's something I've wondered about but never bothered to ask.

[txinvestigator]

The ASP is a club, and falls under 46.02 Unlawful Carrying Weapons



§46.02. Unlawful carrying weapons.

(a) A person commits an offense if he intentionally,
knowingly, or recklessly carries on or about his person a handgun,
illegal knife, or club.

(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.

[HighVelocity]

Thanks TX. Saved me a few bucks.

[one eyed fatman]

They don't even let security personal carry them without proper training.

[txinvestigator]

They don't even let security personal carry them without proper training.

Commissioned guards can legally carry a baton without any training. Its dumb to do, but they legally can.

[carlson1]

This makes me laugh. My dad was a career lawman. He worked 31 years before dying with cancer. I remember my dad carrying what they called "slappers." It was a piece of leather with lead in the end of it. When I went in LE in 82 we were told never to use them, instead we were given flashlights. Then in the mid 80's we were restricted from hitting folks with our flash lights. They said it was nothing more than a lead pipe. Well what is the ASP, pvc pipe?

[KinnyLee]

Well what is the ASP, pvc pipe?

The ASP is a retractable steel pipe.

[KBCraig]

The ASP is a club, and falls under 46.02 Unlawful Carrying Weapons

What, you mean you're not going to take up the "nonapplicability" issue?

§ 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 Article 4413(29ee), Revised Statutes, to carry
a concealed handgun of the same category as the handgun the person
is carrying;



Kevin

[txinvestigator]

The ASP is a club, and falls under 46.02 Unlawful Carrying Weapons

What, you mean you're not going to take up the "nonapplicability" issue?

§ 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 Article 4413(29ee), Revised Statutes, to carry
a concealed handgun of the same category as the handgun the person
is carrying;



Kevin

You are evil.

That section, despite what some troublemakers (no names ) may say, does not allow a CHL holder to carry illegal knives or clubs.

[KBCraig]

That section, despite what some troublemakers (no names ) may say, does not allow a CHL holder to carry illegal knives or clubs.

Ah, but that section does. The law, prima facie, does allow you to carry a club or illegal knife if you have a CHL and are carrying a handgun of the appropriate class. But in Texas, legislative intent counts, and I think it's been pretty well established that the legislature only intended to cover handguns. This is not a case where it would be wise to be the test case.

As for "evil"... I couldn't help it.

Kevin

[txinvestigator]

That section, despite what some troublemakers (no names ) may say, does not allow a CHL holder to carry illegal knives or clubs.

Ah, but that section does. The law, prima facie, does allow you to carry a club or illegal knife if you have a CHL and are carrying a handgun of the appropriate class. But in Texas, legislative intent counts, and I think it's been pretty well established that the legislature only intended to cover handguns. This is not a case where it would be wise to be the test case.

As for "evil"... I couldn't help it.

Kevin

I'll just say that the courts might interpret that way, but the POLEECE don't.

[stevie_d_64]

That section, despite what some troublemakers (no names ) may say, does not allow a CHL holder to carry illegal knives or clubs.

Ah, but that section does. The law, prima facie, does allow you to carry a club or illegal knife if you have a CHL and are carrying a handgun of the appropriate class. But in Texas, legislative intent counts, and I think it's been pretty well established that the legislature only intended to cover handguns. This is not a case where it would be wise to be the test case.

As for "evil"... I couldn't help it.

Kevin

Now hold on a minute there big boy...

Legislative intent counting???

Remember HB 823???

THE CAN OF WORMS IS NOW OPEN!!!

(Steve is running for cover!!!)

This is the most emoticons I have ever used...I easily impressed myself...

[txinvestigator]

Hang on..............****removes wallet*****

Uhh, yep, it reads "Concealed Handgun License" not "concealed weapons license."

[jimlongley]

Just jumping into the fray to point out that poorly written law can be very confusing.

The law clearly states that the entire subsection does not apply if you are carrying a concealed handgun, etc.

§ 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 Article 4413(29ee), Revised Statutes, to carry
a concealed handgun of the same category as the handgun the person
is carrying;

Like the man said, I would not want to be the test case.

NY state used to have a law that said that the possession of an unloaded antique or replica of an antique was exempt from NY's pistol permit law. A judge found that possession, merely on the same premesis, of components to load a (any, even if the caliber of ball was different or the powder was cannon grain) black powder gun was evidence of intent to load, therefore the gun could be considered loaded and illegal.

We used to debate that if you lived on a farm and had Saltpeter (for the horses), Sulfer (for digestive and other medical purposes) and charcoal (for other digestive purposes) and some old lead pipe and some pillow ticking, you could be considered to have the components . . .

That's really taking the ridiculous to the sublime, but I think it would also apply in the case of 46.15.