Question about batons

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Cuda
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Question about batons

#1

Post by Cuda »

Does anyone know what the laws are for a citizen to carry a Expandable Baton? Lapolicegear has some for what seems to be a great price. Just asking. I live in the North Houston/ Spring Area.
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iratollah
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Re: Question about batons

#2

Post by iratollah »

IANAL. It is illegal to carry a club and I believe that expandable batons fit the definition of a club, so I don't think they're legal.

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

46.02 Unlawfully 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.
it's socially unacceptable to be ahead of your time.
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flintknapper
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Re: Question about batons

#3

Post by flintknapper »

Illegal for citizens.
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Re: Question about batons

#4

Post by Morgan »

But telescoping tire pressure checkers....

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Re: Question about batons

#5

Post by Ace_Inthe_O »

Can't you carry one in your car?
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Re: Question about batons

#6

Post by longtooth »

Morgan wrote:But telescoping tire pressure checkers....

All ya gotta do is convince the arresting officer, then an lawyer to take the case, then the jury. How many $$$$$$$$$$$$$$$$$$$$$ you got. :mrgreen:
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Keith B
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Re: Question about batons

#7

Post by Keith B »

longtooth wrote:
Morgan wrote:But telescoping tire pressure checkers....

All ya gotta do is convince the arresting officer, then an lawyer to take the case, then the jury. How many $$$$$$$$$$$$$$$$$$$$$ you got. :mrgreen:
You can carry one if you are in uniform; a majorette's uniform that is. :evil2:
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Re: Question about batons

#8

Post by jbirds1210 »

iratollah wrote:IANAL. It is illegal to carry a club and I believe that expandable batons fit the definition of a club, so I don't think they're legal.

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

46.02 Unlawfully 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.
I agree....it is illegal (and they really pull your pants down)
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Fangs
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Re: Question about batons

#9

Post by Fangs »

I always wondered about that... I can carry a loaded gun but not a baseball bat (unless it's with a glove and ball and I'm headed to/from the field). :headscratch
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iratollah
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Re: Question about batons

#10

Post by iratollah »

Baseball bat does not fit the definition of a club. Go back and read what it says. You may leave the ball and glove at home.
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Fangs
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Re: Question about batons

#11

Post by Fangs »

I've been told by a Comal County sheriff that he would arrest me for the bat unless under those circumstances. :grumble
"When I was a kid, people who did wrong were punished, restricted, and forbidden. Now, when someone does wrong, all of the rest of us are punished, restricted, and forbidden. The one who did the wrong is counselled and "understood" and fed ice cream." - speedsix
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gregthehand
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Re: Question about batons

#12

Post by gregthehand »

With the bat it's all in what you say. If he asks you what it's for you just say "baseball". I had a car load of kids one night that had one in their back seat. When I asked what it was for they said "Incase we get into a fight and need to beat the crap out of someone." Yes they really said that ain't I toned down the language. Obviously it was a club. Same thing with a really long flashlight. The second you say that you carry it incase you need to hit someone it can be considered a club. Now in your car in Texas clubs are now ok. But considering you would need to step out of your car to use it I still won't carry one. Truth be known if I'm going to pull a club on someone I would probably not hesitiate in just pulling my pistol. I'm sure that sounds crazy but to me it's common sense that a club can be used for deadly force. Honetly I just don't see a need for one. Maybe dogs or something but I would rather just use pepper spray. Most cops I worked with didn't really like their ASP batons and I was not too thrilled with it either. They look cool and are itimidating when you extend them but to that was about it. They could be a useful tool in getting someone to submit to arrest but after the Rodney King verdict I think everyone was a little shy about using them. Mine never once left it's holster and now it sits on the floor of my gun safe right next to my straight stick.

To me the taser is a better alternative as a non lethal weapon that really stops an attacker. While much more expensive I would rather use on then an ASP. However I think I would rather retreat using the heel and toe express if someone is using force that does not require the use of deadly force. While running away is not the most manly thing to do in today's society I don't want to risk my freedom so that I can appear manly in the eyes of someone that dislikes me enough to cause harm. Now if they are beating you hard enough that you can't escape to me that crosses another threshold of self defense.

Just my .02 cents. May not be worth even that much.

By the way I may have an ASP for sale! "rlol"
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