Collapsible Baton-Legal to Carry in Texas

[Javier730]

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?

You leave the baton in your vehicle, walk straight inside your home or you commit a class a misdemeanor. Your good if your on property you control.

[Charlies.Contingency]

Pretty sure that exemption is ONLY making it legal for CHL holders to carry a concealed handgun.

I understand some people have that belief, but that isn't what the letter of the law says. This has been discussed before in these forums.

There is a test case in Austin right now by a guy who chose to walk into the Capitol with an otherwise illegal knife, a handgun, and his CHL. He wanted to be a test case and he got his wish. I'll be interested in seeing the outcome.

I've yet to hear about a total exemption since I have been around. I would like to know more about this, do you have a link to any more threads, or would anybody else like to chime in?

[nightmare69]

I had to be certified to carry an ASP. I know that LEOs and certain licensed security guards can legally carry an ASP.

[TVegas]

I had to be certified to carry an ASP. I know that LEOs and certain licensed security guards can legally carry an ASP.

How did you get certified?

[Charlies.Contingency]

I had to be certified to carry an ASP. I know that LEOs and certain licensed security guards can legally carry an ASP.

How did you get certified?

Yes, how did you get certified? You didn't specify what kind of certification, no for when/where. I've got certifications from the LE world, but that stuff doesn't exactly carry over to civilian carry. I'm curious about the legality about carrying an expandable baton and a regular joe. Not sure there would be much of a practical daily carry use, but I'm definitely curious.

[Abraham]

An acquaintance, who is a Sheriffs Deputy, won't carry an ASP, but has great faith in a fixed length baton.

Another, a friend in a local PD filled me in on his use of an ASP and says he found it less than adequate for subduing...

[MONGOOSE]

An acquaintance, who is a Sheriffs Deputy, won't carry an ASP, but has great faith in a fixed length baton.

Another, a friend in a local PD filled me in on his use of an ASP and says he found it less than adequate for subduing...

Worthless

[ELB]

I am thinking of carrying a cane or UNBREAKABLE umbrella anyone know of any rulings on them?

Umbrellas are not listed in the Weapons chapter of the Penal Code, but clubs are.

My opinion:

If you are carrying an umbrella (or a hoe handle, cut-off broom, etc) to keep the rain off and use as a walking stick, there should be no problem.

If you are carrying an umbrella (or a hoe handle, cut-off broom, etc) and you use it as a club, you might have a problem depending on the circumstances. If it is plain you were engaging in self-defense, I doubt anything would come of you using a field expedient "club." If there is some doubt in the cops or prosecutor's eyes as to whether you were acting in self-defense or just engaging in a fight (say, arguing with your neighbor over something and it goes south), then I think you might find yourself charged with carrying a club, and that used as a aggravating factor. Especially if you announced on the internet that you were carrying an umbrella (or a hoe handle, cut-off broom, etc) as a way to get around the prohibition on clubs.

Some things are better left unsaid.

[greenbeer]

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.

[ELB]

Pretty sure that exemption is ONLY making it legal for CHL holders to carry a concealed handgun.

I understand some people have that belief, but that isn't what the letter of the law says. This has been discussed before in these forums.

There is a test case in Austin right now by a guy who chose to walk into the Capitol with an otherwise illegal knife, a handgun, and his CHL. He wanted to be a test case and he got his wish. I'll be interested in seeing the outcome.

I've yet to hear about a total exemption since I have been around. I would like to know more about this, do you have a link to any more threads, or would anybody else like to chime in?

I remember this case, the guy who carried an "illegal knife" and a concealed handgun and a license into the Capitol posted some here, but mostly on Texas Gun Talk -- there is a very long thread on there about it. If I can remember how to find them, I will post a link. Indeed the prosecutor simply dropped the charges. The individual seems to think was because the law plainly exempts license holders from being restricted from illegal knives and such (and I do think the law SAYS that), but I don't think the result has any applicability outside the results of his case -- I think he and anyone else who comes to the attention of an peace officer while carrying an illegal knife/club/etc along with their license and handgun has a very good chance of being arrested and charged.

For what it's worth: I think the statute very plainly says that licensed handgun carriers are exempt from the ban on carrying illegal knives and such, regardless of what anyone thinks the intent of the legislature was. However, I think a lot of people, including cops and prosecutors, would have no problem with interpreting that section of the law to only apply to handguns. Lawyers make a lot of hay arguing about what the law really says, even if it seems plain.

[ELB]

Ah, here's the thread over on Texas Gun Talk: I Didn't Beat the Ride - Illegal Knife + CHL + Concealed Handgun = Jail + Charges

[The Wall]

All sounds like some good material for bills in the next legislature session.

[EEllis]

An acquaintance, who is a Sheriffs Deputy, won't carry an ASP, but has great faith in a fixed length baton.

Another, a friend in a local PD filled me in on his use of an ASP and says he found it less than adequate for subduing...

Worthless

It's not worthless but a pain compliance device. Batons are too light and skinny to do real damage to limbs that would make someone unable to function. For the most part this is by design as the older leaded wood batons can cause real physical damage and death at a much higher rate than modern batons.

[Charlies.Contingency]

An acquaintance, who is a Sheriffs Deputy, won't carry an ASP, but has great faith in a fixed length baton.

Another, a friend in a local PD filled me in on his use of an ASP and says he found it less than adequate for subduing...

Worthless

It's not worthless but a pain compliance device. Batons are too light and skinny to do real damage to limbs that would make someone unable to function. For the most part this is by design as the older leaded wood batons can cause real physical damage and death at a much higher rate than modern batons.

My baton is not meant to "damage" or "kill," but it is very good for using against "meaty" targets, such as the thighs, biceps, calves, etc. It's not going to kill somebody, but an instant charlie horse to the thigh may get compliance through pain and discomfort. I would not exactly call it a tool of self defense.

[Javier730]

An acquaintance, who is a Sheriffs Deputy, won't carry an ASP, but has great faith in a fixed length baton.

Another, a friend in a local PD filled me in on his use of an ASP and says he found it less than adequate for subduing...

Worthless

It's not worthless but a pain compliance device. Batons are too light and skinny to do real damage to limbs that would make someone unable to function. For the most part this is by design as the older leaded wood batons can cause real physical damage and death at a much higher rate than modern batons.

My baton is not meant to "damage" or "kill," but it is very good for using against "meaty" targets, such as the thighs, biceps, calves, etc. It's not going to kill somebody, but an instant charlie horse to the thigh may get compliance through pain and discomfort. I would not exactly call it a tool of self defense.

Ive also seen them used as leverage to get a persons arm out from under them when resisting.