Collapsable Baton?

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speedsix
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Re: Collapsable Baton?

#31

Post by speedsix »

...reading a bit further:

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.

...the OP would be fine in his home, on his property, at other "premises under his control", or in his vehicle or one he controls, or on the way to or from same...
...and if you had to use it for defense at any of those places...the letter of the law would protect you...

...I've heard of these arrests for a bat, club, or long knife in Tx within one's vehicle...but never known of one for a fact...nor seen any in written report...do they really happen??? what's the outcome???

...being ex-LEO, I am very pro-LEO...but also very pro-Citizen's Rights within the law...
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9mmfan
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Re: Collapsable Baton?

#32

Post by 9mmfan »

It seems to me that it would qualify as a club, therefore all 46.02 exemptions would apply. Sadly, TAM, I do not own the bar, but simply am the general manager. Legally, I am still in the clear as "an employee of an alcoholic beverage license or permit holder who oversees the operation of the licesnsed or permitted premises." Been cleared by the TABC for an instance that I would rather not go into now. Let's just say that when Agent Sherman showed up and started asking questions, my voice got real high and shaky. It does cause a giggle that I can absolutely, and do, carry a "handgun, club, or illegal knife" in the bar, but there may be a grey area about a collapsible baton. Mayhaps I oughta start lashing my K-Bar on my belt.
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Re: Collapsable Baton?

#33

Post by RPB »

Back in the 1970s I got several 6-cell D-cell metal flashlights, one for the car, a few for the house, one for walking on a street with loose dogs. In the 2000s I added a cane which I use sometimes. Both have come in handy on more than one occasion for their multiple uses. I also carry my almost 3-foot long flexible weapon, the weighted keychain. I mean I did consider the collapsible baton many years ago, decided against it, didn't want a trip to the graybar motel when other alternatives were available. Other than a pistol, I don't see carrying weapons which were obviously designed to have only one purpose, a weapon, except maybe sprays or stungun types when I benefit from "multi-use" things more.. but that's just me.

Now that's for "carrying" I'm not saying I don't have nunchucks etc. "in the house" etc, but that's not what I'd be grabbing first anyway ... but if someone is at work in a bar they own/property under their control I can see where it might be a useful supplemental tool on some occasions.
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speedsix
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Re: Collapsable Baton?

#34

Post by speedsix »

...I found the balance on a 5 C size Maglite perfect...carried one when I was on an unarmed security post...carried a 4 down my belt many other times...they came out with a 6-cell or 7-cell AA light made in AA called the Brute in the early 90s...before I ordered one, they were out of production...heavy-walled aircraft aluminum...a flashlight will fly many places a cane won't...a lotta cane ordinances still around...
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WildBill
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Re: Collapsable Baton?

#35

Post by WildBill »

speedsix wrote:...a lotta cane ordinances still around...
Where?
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Jumping Frog
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Re: Collapsable Baton?

#36

Post by Jumping Frog »

RPB wrote: In the 2000s I added a cane which I use sometimes. Both have come in handy on more than one occasion for their multiple uses.
I agree -- I have carried a cane. You can never get accused of carrying a weapon. Heck, I've even carried my cane through TSA security and onto airplanes.

Get one with a T-handle and it is useful for adapting numerous Tonfa spinning and baton techniques.

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Re: Collapsable Baton?

#37

Post by C-dub »

I do have one and used to carry it around in my tank bag on a small side pouch until I found out it was illegal. I don't remember how long I've actually had it and I've only used it once.
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Re: Collapsable Baton?

#38

Post by MMac »

I have one I used to carry walking around the block, in case of dogs, etc. I also keep a double edged knife in my side table, swords are upstairs with my other weapons.
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HotLeadSolutions
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Re: Collapsable Baton?

#39

Post by HotLeadSolutions »

lrb111 wrote:
TxLobo wrote:illegal...

considered a club.

CHAPTER 46. 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.
Someday someone is going to push this.

PC §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 of the same category as the handgun the person
is carrying;

Notice is does not say what part of 46.02. I take that to mean all of 46.02.
It might still take a good lawyer to make it fly as a defense.
Is this post going to be completely ignored? Why would they have included CHL holders (carrying a gun and license...) in the same list with judges, officers and the such if they didnt mean it? Does someone have a good arguement as to why it is not legal for a chl holder to carry a pistol (of proper type) a license and a...switchblade? (choosing the most evil knife known to man :reddevil )
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Dallas Concealed Carry
http://www.DallasConcealedCarry.com
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Re: Collapsable Baton?

#40

Post by AdioSS »

the Law is a strange thing

speedsix
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Re: Collapsable Baton?

#41

Post by speedsix »

WildBill wrote:
speedsix wrote:...a lotta cane ordinances still around...
Where?

...as far as I can find...NOWHERE...a lot of cities had ordinances in La where you had to have a chit from a Dr. if you carried a cane...taught us that at the academy...we used it on the street to weed out the wheat from the chaff, so to speak, but NOWHERE can I find one today...and I spent hours looking in state and city ordinances...guess you've dragged me kicking and screaming into the 21st century...thanks for the correction...

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Re: Collapsable Baton?

#42

Post by RPB »

I think the anti-Bat Masterson laws went away with the ADA Americans with Disabilities Act.
TSA is supposed to X-ray canes, except White Collapsible canes is what I read somewhere.
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speedsix
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Re: Collapsable Baton?

#43

Post by speedsix »

RPB wrote:I think the anti-Bat Masterson laws went away with the ADA Americans with Disabilities Act.
TSA is supposed to X-ray canes, except White Collapsible canes is what I read somewhere.
....

...well, that makes me feel a little bit less ancient...but not much...

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Re: Collapsable Baton?

#44

Post by AustinMRH »

HotLeadSolutions wrote:
lrb111 wrote:
TxLobo wrote:illegal...

considered a club.

CHAPTER 46. 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.
Someday someone is going to push this.

PC §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 of the same category as the handgun the person
is carrying;

Notice is does not say what part of 46.02. I take that to mean all of 46.02.
It might still take a good lawyer to make it fly as a defense.
Is this post going to be completely ignored? Why would they have included CHL holders (carrying a gun and license...) in the same list with judges, officers and the such if they didnt mean it? Does someone have a good arguement as to why it is not legal for a chl holder to carry a pistol (of proper type) a license and a...switchblade? (choosing the most evil knife known to man :reddevil )
I asked a friend of mine, a TX AG to read this block of law and tell me what he thought and his interpretation was different then yours (and mine). He interpreted it to say just what is confined to 46.15(b)(6), that 46.02 does not apply to a CHL holder as it relates to handguns (valid license issued of the same category). He didn't interpret it to say that as long as I have my gun and my CHL I can also carry anything prohibited by 46.02.

While not a lawyer, I spend my days reading, interpreting, and applying the Texas Admin Code. Lots of decisions hinge on poor or inconsistent grammar. A poorly placed comma, a missing modifier, or accidental vagueness within TAC can make million dollar differences for the work I do. What I see in 46.15(b)(6) is a vagueness and as much as I would like to add an ASP to my carry bag (tactical briefcase for work) I'm not willing to be the test case for case law.
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Re: Collapsable Baton?

#45

Post by HotLeadSolutions »

AustinMRH wrote:
HotLeadSolutions wrote:
lrb111 wrote:
TxLobo wrote:illegal...

considered a club.

CHAPTER 46. 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.
Someday someone is going to push this.

PC §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 of the same category as the handgun the person
is carrying;

Notice is does not say what part of 46.02. I take that to mean all of 46.02.
It might still take a good lawyer to make it fly as a defense.
Is this post going to be completely ignored? Why would they have included CHL holders (carrying a gun and license...) in the same list with judges, officers and the such if they didnt mean it? Does someone have a good arguement as to why it is not legal for a chl holder to carry a pistol (of proper type) a license and a...switchblade? (choosing the most evil knife known to man :reddevil )
I asked a friend of mine, a TX AG to read this block of law and tell me what he thought and his interpretation was different then yours (and mine). He interpreted it to say just what is confined to 46.15(b)(6), that 46.02 does not apply to a CHL holder as it relates to handguns (valid license issued of the same category). He didn't interpret it to say that as long as I have my gun and my CHL I can also carry anything prohibited by 46.02.

While not a lawyer, I spend my days reading, interpreting, and applying the Texas Admin Code. Lots of decisions hinge on poor or inconsistent grammar. A poorly placed comma, a missing modifier, or accidental vagueness within TAC can make million dollar differences for the work I do. What I see in 46.15(b)(6) is a vagueness and as much as I would like to add an ASP to my carry bag (tactical briefcase for work) I'm not willing to be the test case for case law.
If infact that was their intent the wording would be much more clear like this..

PC §46.15. NONAPPLICABILITY.
(b) Section 46.02, in regards to handguns, 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 of the same category as the handgun the person
is carrying;
Daniel
CHL Instructor
Dallas Concealed Carry
http://www.DallasConcealedCarry.com
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