Vicious Dogs trying to maul me

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Txtension
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Re: Vicious Dogs trying to maul me

Post by Txtension »

The MPA allows anyone to carry from their vehicle to their home.

As a thought exercise; can anyone comment on why someone (like the OP) couldn't just drive their vehicle a few miles from their home, then walk or jog directly home. Then after a break (maybe an hour) walk or jog back to their vehicle and drive home. All while carrying concealed. Seems like this would be within the letter of the law.
rotor
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Re: Vicious Dogs trying to maul me

Post by rotor »

RicoTX wrote:
rotor wrote:snip... Carrying a stick as mentioned is illegal also as that is considered a club.
If a LEO around here ever issued a citation to an otherwise law abiding citizen for carrying a stick while walking... they would be tied up and tarred. I would gladly do it myself without hesitation. I would also throw said LEO into a pack of wild dogs... without any weapons... or a stick.
I agree with you. The problem is that when you carry a walking stick and use it as a club you are carrying a club-an illegal weapon in Texas. A sjambok is not illegal. I believe much more effective than a stick. I think a baton would be great too but again illegal. I think some of our Texas laws are just ridiculous but I don't write them. Carrying a club I believe is a class A misdemeanor.
DonFromTexas
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Re: Vicious Dogs trying to maul me

Post by DonFromTexas »

I have my CHL but this thread got me to thinking. I own a Taurus "Judge" revolver that when loaded with shotgun shells - is a shotgun! Is there some regulation that says my shotgun is NOT a shotgun?
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ScottDLS
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Re: Vicious Dogs trying to maul me

Post by ScottDLS »

rotor wrote:
RicoTX wrote:
rotor wrote:snip... Carrying a stick as mentioned is illegal also as that is considered a club.
If a LEO around here ever issued a citation to an otherwise law abiding citizen for carrying a stick while walking... they would be tied up and tarred. I would gladly do it myself without hesitation. I would also throw said LEO into a pack of wild dogs... without any weapons... or a stick.
I agree with you. The problem is that when you carry a walking stick and use it as a club you are carrying a club-an illegal weapon in Texas. A sjambok is not illegal. I believe much more effective than a stick. I think a baton would be great too but again illegal. I think some of our Texas laws are just ridiculous but I don't write them. Carrying a club I believe is a class A misdemeanor.
Theoretically, you are exempt from 46.02 (Unlawful carrying of a weapon) if you have a LTC and are carrying a handgun, as well as the illegal club. But if you have LTC and carrying the gun, why bother with the club? Until OP gets LTC, I think an inexpensive shotgun is the best compromise...and you could club the feral dogs with it if you didn't want to shoot, although maybe that would turn the shotgun into an illegal club... :confused5
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"
rotor
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Re: Vicious Dogs trying to maul me

Post by rotor »

DonFromTexas wrote:I have my CHL but this thread got me to thinking. I own a Taurus "Judge" revolver that when loaded with shotgun shells - is a shotgun! Is there some regulation that says my shotgun is NOT a shotgun?
The barrel is too short to be a legal shotgun. 18" minimum. I have an S&W Governor. It's a handgun.
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Re: Vicious Dogs trying to maul me

Post by rotor »

ScottDLS wrote:
rotor wrote:
RicoTX wrote:
rotor wrote:snip... Carrying a stick as mentioned is illegal also as that is considered a club.
If a LEO around here ever issued a citation to an otherwise law abiding citizen for carrying a stick while walking... they would be tied up and tarred. I would gladly do it myself without hesitation. I would also throw said LEO into a pack of wild dogs... without any weapons... or a stick.
I agree with you. The problem is that when you carry a walking stick and use it as a club you are carrying a club-an illegal weapon in Texas. A sjambok is not illegal. I believe much more effective than a stick. I think a baton would be great too but again illegal. I think some of our Texas laws are just ridiculous but I don't write them. Carrying a club I believe is a class A misdemeanor.
Theoretically, you are exempt from 46.02 (Unlawful carrying of a weapon) if you have a LTC and are carrying a handgun, as well as the illegal club. But if you have LTC and carrying the gun, why bother with the club? Until OP gets LTC, I think an inexpensive shotgun is the best compromise...and you could club the feral dogs with it if you didn't want to shoot, although maybe that would turn the shotgun into an illegal club... :confused5
This is an interesting quirk in the law. If you have a LTC and are carrying your handgun you could be carrying a baton or I guess a club. If you are not carrying your handgun and are licensed to carry then you are illegal if you carry your baton or club. Doesn't make sense but so be it. Since the OP doesn't have a LTC he needs either a shotgun or as I suggest a sjambok. If he uses his shotgun as a club he is carrying an illegal club. Go figure.
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Re: Vicious Dogs trying to maul me

Post by WTR »

I would carry bear mace and walk with a cane which has a weighted head.
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Re: Vicious Dogs trying to maul me

Post by TreyHouston »

:hurry: happy your here Xenu (future LTC holder). I grew up in the same situation in the country outside of McGregor TX.

1) I recommend you put that .380 away until you get your permit, unless it is in your car!
2) even with the permit I would carry a 410 or 20 gauge shotgun, that what I did, strapped to my back with a sling. one fire from them and they will all scram.
3) As harsh as this sounds (and I have 2 rescue dogs lying beside me now(sleeping)) it is not a crime to shoot a dog, you have nothing to worry about there.
4) visit us often on this forum! we all learn a lot together!
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How many times a day could you say this? :cheers2:
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KLB
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Re: Vicious Dogs trying to maul me

Post by KLB »

Xenu45 wrote:Can I tell the officer that I was walking to my car.
You certainly are free to tell the officer that, but I wouldn't bet on it doing you any good. You need to be going directly to and from your vehicle.
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PackinPig
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Re: Vicious Dogs trying to maul me

Post by PackinPig »

Lot of different suggestions on here that you can go through and see what you find most acceptable and feasible for you. However, my suggestion is bear spray. Bear spray can be bought online through sites such as amazon. It can shoot up to 30 feet and it a comes in a larger can so you can effectively "spray and pray" a whole herd of wild dogs for a good while. Plenty of time to get away. Also, many online stores sell the spray with a case you can attach to your belt.
On a side note, there was an elderly gentleman in my neighborhood who carried an Axe handle when he walked. To my knowledge he was never once stopped by the Police. I don't believe to many people will call the Police on an old man walking with a "club", and if they do I highly doubt the Police will arrest an old man just for carrying a club and minding his own business. Now if your chasing people or acting suspiciously that is a different story. But, carrying a club and minding your own business, I think you'll be fine.
Last edited by PackinPig on Sun Jul 31, 2016 3:23 pm, edited 1 time in total.
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srothstein
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Re: Vicious Dogs trying to maul me

Post by srothstein »

rotor wrote:The problem is that when you carry a walking stick and use it as a club you are carrying a club-an illegal weapon in Texas. A sjambok is not illegal. I believe much more effective than a stick. I think a baton would be great too but again illegal. I think some of our Texas laws are just ridiculous but I don't write them. Carrying a club I believe is a class A misdemeanor.
I think you might be misapplying the definition of a club. Walking with a walking stick is 100% legal in Texas. If used as a weapon, it might become a club, but it is not forbidden by being a club to start with because it clearly has a legal use and purpose and might even be considered as a medical device, given the OP's current condition. Since a sjambok is designed for striking animals as a cattle prod type tool, it could be argued that it is a club when the OP is just walking with it without cattle around. I doubt if it would meet the required definition of causing serious bodily injury, and the sheriff has already said it is okay, but it is more questionable IMO than the walking stick.

Here is the legal definition of a club:
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.
End result is that I do recommend a walking stick, and also a very good pack of OC spray. As an aside, remember that OC was first invented for this very purpose. It was created by the Post Office to protect their employees from dogs.

An LTC would also work.
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Jusme
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Re: Vicious Dogs trying to maul me

Post by Jusme »

TreyHouston wrote::hurry: happy your here Xenu (future LTC holder). I grew up in the same situation in the country outside of McGregor TX.

1) I recommend you put that .380 away until you get your permit, unless it is in your car!
2) even with the permit I would carry a 410 or 20 gauge shotgun, that what I did, strapped to my back with a sling. one fire from them and they will all scram.
3) As harsh as this sounds (and I have 2 rescue dogs lying beside me now(sleeping)) it is not a crime to shoot a dog, you have nothing to worry about there.
4) visit us often on this forum! we all learn a lot together!
:tiphat:

:iagree:

The shotgun is probably your best option, I have this:
https://www.amazon.com/gp/aw/d/B002B5KX ... ref=plSrch

It has a strap that will allow you to carry a shotgun on your back and leave your hands free.
A hiking stick with a rubber stopper over a spike is a good option also, it would only be a club if used as such, and I doubt any LEO will give you any grief over fighting off a dog with your hiking stick. Especially if they don't even enforce dangerous dog laws.
Hopefully, you will be able to get your LTC soon, or find a better place to do your walking therapy.
Take away the Second first, and the First is gone in a second :rules: :patriot:
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Pawpaw
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Re: Vicious Dogs trying to maul me

Post by Pawpaw »

TreyHouston wrote::hurry: happy your here Xenu (future LTC holder). I grew up in the same situation in the country outside of McGregor TX.

1) I recommend you put that .380 away until you get your permit, unless it is in your car!
2) even with the permit I would carry a 410 or 20 gauge shotgun, that what I did, strapped to my back with a sling. one fire from them and they will all scram.
3) As harsh as this sounds (and I have 2 rescue dogs lying beside me now(sleeping)) it is not a crime to shoot a dog, you have nothing to worry about there.
4) visit us often on this forum! we all learn a lot together!
:tiphat:
:iagree: with everything Trey said.

You know your situation far better than we do, but keep in mind that many of the suggestions you've gotten (whip, stick, pepper or bear spray) are going to require speed, strength, or letting the dogs get very close (spray).

I would suggest going with the .410 or 20 gauge if you can handle it. A 12 gauge may recoil to hard. Whichever you go with, stick with buckshot and cylinder choke. If you ever need to use it, you don't want to just sting them with birdshot.

Just my $.02. :tiphat:
Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence. - John Adams
rotor
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Re: Vicious Dogs trying to maul me

Post by rotor »

srothstein wrote:
rotor wrote:The problem is that when you carry a walking stick and use it as a club you are carrying a club-an illegal weapon in Texas. A sjambok is not illegal. I believe much more effective than a stick. I think a baton would be great too but again illegal. I think some of our Texas laws are just ridiculous but I don't write them. Carrying a club I believe is a class A misdemeanor.
I think you might be misapplying the definition of a club. Walking with a walking stick is 100% legal in Texas. If used as a weapon, it might become a club, but it is not forbidden by being a club to start with because it clearly has a legal use and purpose and might even be considered as a medical device, given the OP's current condition. Since a sjambok is designed for striking animals as a cattle prod type tool, it could be argued that it is a club when the OP is just walking with it without cattle around. I doubt if it would meet the required definition of causing serious bodily injury, and the sheriff has already said it is okay, but it is more questionable IMO than the walking stick.

Here is the legal definition of a club:
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.
End result is that I do recommend a walking stick, and also a very good pack of OC spray. As an aside, remember that OC was first invented for this very purpose. It was created by the Post Office to protect their employees from dogs.

An LTC would also work.
I guess the distinction of whether a walking stick that you are carrying specifically to beat off dogs is a club or a walking stick is up to the LEO or judge if it comes to that. I don't think a walking stick is that effective though. If it was treated as a club by LEO and you got a class A misdemeanor it would be a long time before you got your LTC. A sjambok though is designed more for animal control. The laws on this are not straight forward which is why I contacted my chief of police and got a nice email back saying I was legal. I don't even know if carrying bear spray in Texas would be legal as it is definitely not a "small" container. I know that when we talk about a walking stick that most LEO are not going to consider it a club but for academic purposes who knows what will happen. I have 3 shelter dogs and would not want to kill a dog unless it's a last resort. I wouldn't be upset with swatting one with a sjambok though.
PS I researched this after my next door neighbor was attacked by a pit bull on her daily jog.
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