e-rawk wrote:So does the term "club" apply to my collapsable ASP baton?
Yes.
Moderators: carlson1, Charles L. Cotton
e-rawk wrote:So does the term "club" apply to my collapsable ASP baton?
Such a situation would be covered under defense of necessity.casingpoint wrote:The statute seems very clear about the legality of moving an ordinarily illegal knife or club between your residence and vehicle. I doubt any DA is going to try and make a test case out of that. It's of great advantage to have such weapons when going between domicile and vehicle, and the Legislature in its infinite wisdom albeit diminished capacity nonetheless recognized this need of the citizenry. When traveling, as long as you took the illegal weapon outside the vehicle while under attack, it would probably be considered legal by most DA's and juries. My gut concern in Texas is a tomahawk a club or the legal equivalent of a club and thereby falls under H.B. 1815? There is probably no better deadly weapon for close quarters combat than a tomahawk.
§ 9.22. NECESSITY. Conduct is justified if:
(1) the actor reasonably believes the conduct is
immediately necessary to avoid imminent harm;
(2) the desirability and urgency of avoiding the harm
clearly outweigh, according to ordinary standards of
reasonableness, the harm sought to be prevented by the law
proscribing the conduct; and
(3) a legislative purpose to exclude the justification
claimed for the conduct does not otherwise plainly appear.
I am a little unsure of what you are stating/asking here, but in Texas a tomahawk is a club by definition (46.01(1)(d)). If you are asking if this is legal so you could conceivably carry one the answer is yes. Since 46.02 specifically states you may carry a club, then you may carry a tomahawk. If you are concerned that a bad guy may be carrying a tomahawk, I will point out that the definition of stupidity is bringing a club (by any name) to a gun fight.casingpoint wrote:My gut concern in Texas is a tomahawk a club or the legal equivalent of a club and thereby falls under H.B. 1815? There is probably no better deadly weapon for close quarters combat than a tomahawk.