The baton issue is two-fold.rickb308 wrote:OC is some places could work against you. Literally.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.
(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)?
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.