Collapsible Baton-Legal to Carry in Texas

[The_Vigilante]

Is it legal to carry a collapsible baton in Texas?

[jimlongley]

I don't think so:

CHAPTER 46. WEAPONS

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.

and so forth

So a club is not very narrowly defined, but obviously includes a collapsible baton, and there don't appear to be much in the way of exemptions for batons.

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 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 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;

(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.

(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.



I think there is a separate section dealing with possession by a security guard.

[boomerang]

Is it legal to carry a collapsible baton in Texas?

If you're a peace officer or a security guard with the required training. (Also on your own property, etc.)

[txflyer]

So all those little old ladies out walking for exercise with sticks (e.g. cut down broom handles) are breaking the law?

[jbirds1210]

Is it legal to carry a collapsible baton in Texas?

On your person...Nope.

So all those little old ladies out walking for exercise with sticks (e.g. cut down broom handles) are breaking the law?

Yes, but why couldn't they just bring a cane?

Jason

[The_Vigilante]

Let's see, I can carry a firearm which can inflict a lot more damage than a baton, billy club, etc. Why not a baton? Wouldn't it be preferrable to use a baton to defend yourself in cases where a gun wouldn't be an option? No loss of life! Wonder what the reasoning is on the restrictions of batons?

[dontshakepandas]

Wonder what the reasoning is on the restrictions of batons?

Trying to make sense of something senseless is a lot like a dog chasing its tail. You will just wear yourself out and never get anywhere.

[seamusTX]

Let's see, I can carry a firearm which can inflict a lot more damage than a baton, billy club, etc. Why not a baton?

During Reconstruction, there was a lot of mob violence in Texas.

In an attempt to quell it, the Legislature made it an offense to carry a handgun, "illegal" knife, or club, except in some narrow circumstances. Those laws remain on the books today.

In 1995, the Legislature decided to authorize concealed handgun licenses. I don't know if allowing other weapons was considered or not at the time. (I didn't live here then.)

Some states issue concealed weapon permits, which allow the licensee to carry anything from a handgun to brass knuckles or oriental martial arts weapons.

- Jim

[Darwood]

Let's see, I can carry a firearm which can inflict a lot more damage than a baton, billy club, etc. Why not a baton?

During Reconstruction, there was a lot of mob violence in Texas.

In an attempt to quell it, the Legislature made it an offense to carry a handgun, "illegal" knife, or club, except in some narrow circumstances. Those laws remain on the books today...

I'm curious, did the laws quell the mob violence?

[jimlongley]

The sticks the "little old ladies out walking for exercise with sticks (e.g. cut down broom handles)" are carrying would seem to me to not fit in the definition "(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, "

Which is the reason that gang bangers are such big golf fans that they carry their favorite nine iron everywhere they go just in case they happen to come across a driving range new to the 'hood and feel the need to hit a couple of buckets of balls.

[Keith B]

Which is the reason that gang bangers are such big golf fans that they carry their favorite nine iron everywhere they go just in case they happen to come across a driving range new to the 'hood and feel the need to hit a couple of buckets of balls.

Yep. Be careful to watch for gangs like this. You can tell them by their gang colors.

[Ace_Inthe_O]

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 that is owned by the person or under the person's control.

It looks like you would be ok to carry it in your car

[Charles L. Cotton]

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 that is owned by the person or under the person's control.

It looks like you would be ok to carry it in your car

Correct, and no one noticed that when HB1815 was working its way through the legislature.

Chas.

[seamusTX]

I'm curious, did the laws quell the mob violence?

Weapons laws passed during reconstruction did not eliminate mob violence. I don't know to what those laws reduced the number or severity of violent incidents. Statistics from that era are difficult to come by.

Certainly, in some places, weapons laws allowed one side to be selectively disarmed. Often blacks were left at the mercy of white mobs, though there was also white-on-white violence and retaliation by blacks.

- Jim

[Captain Matt]

It looks like you would be ok to carry it in your car

But what happens if you have to step out of your car?