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So the "adjusted" answer to the question is: by law a bat is not a club, but those who disregard the law may consider it a club anyway.

MasterOfNone wrote:So the "adjusted" answer to the question is: by law a bat is not a club, but those who disregard the law may consider it a club anyway.

Was a pool cue intentionally omitted from this discussion?

MasterOfNone wrote:So the "adjusted" answer to the question is: by law a bat is not a club, but those who disregard the law may consider it a club anyway.

It appears that way.

Lubbock seems to have more than it's share of beatings and killings from baseball bats.

Oldgringo wrote:

MasterOfNone wrote:So the "adjusted" answer to the question is: by law a bat is not a club, but those who disregard the law may consider it a club anyway.

Was a pool cue intentionally omitted from this discussion?

Not intentionally excluded, but it should be legally the same as a bat. It is not "specifically designed, made, or adapted" for striking a person. Sure, it could be used as a weapon, but it would never be a club.

I once sat on a jury in which a baseball bat was present in the front seat and its presence was used to demonstrate that the defendant was armed with a deadly weapon. This was also his 5th arrest for dwi and he was really wanting to get off without jail time. Didn't work out as he had hoped.

gdanaher wrote:I once sat on a jury in which a baseball bat was present in the front seat and its presence was used to demonstrate that the defendant was armed with a deadly weapon. This was also his 5th arrest for dwi and he was really wanting to get off without jail time. Didn't work out as he had hoped.

Yes a bat can be a deadly weapon. The question in the OP was about a bat being a club [illegal weapon]. The prosecutor could use the bat to convince the jury that the guy was drunk and "up to no good" or "looking for trouble" and should go to jail. Was he also charged with having an illegal weapon or just DWI?

It's been a long time but I think it was just for the DWI. Actually, he had already plead guilty to the charge but the jury was tasked with assessing punishment. We saw the paperwork on the previous convictions, and each time the guy had a gun, knife, or something. In this case the officer found him passed out at the wheel, on a side street, motor running. Without a jury the judge was at the time obliged to give him some jail time, and he didn't want to go. Had his girl friend testify that he was a wonderful man, etc. Jury gave him 18 months and a nice fine. When we left, the defense attorney wanted to know about our reasoning because he was preparing for his next trial--the 6th DWI. What a piece of work.

gdanaher wrote:When we left, the defense attorney wanted to know about our reasoning because he was preparing for his next trial--the 6th DWI. What a piece of work.

That's an understatement!

HotLeadSolutions wrote:

jamisjockey wrote:

(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.

Just curious, does anyone know if a baseball bat is considered a "club"?

YES. A baseball bat is considered a club. I am speaking from personal experience on this one.
Long story short...On my way home from a baseball game. Had a bat in backseat of car. (glove and baseballs in trunk) I got stopped for speeding. Was arrested for UCW. Convicted of UCW. paid fine for UCW. Officer said bat could not be on or about my body. (unless in the course of a baseball game) DA agreed and filed charges, judge agreed on a bench trial.
Didn't (and still don't) think it was fair. Live and learn.

I believe you, but I have to ask... were you the victim of some kind of police profiling, or were there other factors like a heated exchange of words or something like that?

I'm not placing blame on you at all, but I'm curious to know how a seemingly innocent act as having a bat in the back seat of your car could escalate into an arrest. BTW, back when I lived in California, having a bat in the car was considered by many officers to be UCW unless it was stored with other baseball equipment. So if you were a coach, and you had a bag of bats and bases, etc., then you would not likely get bothered. But if you were a "punk looking" kid or a someone with less than lilly white skin or too many tattoos, it could get you in a lot of trouble. Profiling. It ain't right, but it's a fact.

The Annoyed Man wrote:

HotLeadSolutions wrote:

jamisjockey wrote:

(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.

Just curious, does anyone know if a baseball bat is considered a "club"?

YES. A baseball bat is considered a club. I am speaking from personal experience on this one.
Long story short...On my way home from a baseball game. Had a bat in backseat of car. (glove and baseballs in trunk) I got stopped for speeding. Was arrested for UCW. Convicted of UCW. paid fine for UCW. Officer said bat could not be on or about my body. (unless in the course of a baseball game) DA agreed and filed charges, judge agreed on a bench trial.
Didn't (and still don't) think it was fair. Live and learn.

I believe you, but I have to ask... were you the victim of some kind of police profiling, or were there other factors like a heated exchange of words or something like that?

I'm not placing blame on you at all, but I'm curious to know how a seemingly innocent act as having a bat in the back seat of your car could escalate into an arrest. BTW, back when I lived in California, having a bat in the car was considered by many officers to be UCW unless it was stored with other baseball equipment. So if you were a coach, and you had a bag of bats and bases, etc., then you would not likely get bothered. But if you were a "punk looking" kid or a someone with less than lilly white skin or too many tattoos, it could get you in a lot of trouble. Profiling. It ain't right, but it's a fact.

Don't think it was profiling as much as Rookie Fever. I am white...I was 19 at the time. Driving a bone stock oldsmobile achieva (my mom's car). (stopped for doing 41mph in a 35) I am clean cut, no tattoos or piercings. Raised in a military household to be polite (and was so on the traffic stop) Again, I think it was a case of rookie fever.

That traffic stop made me who I am today. It prompted me to learn my rights, learn the law, and ASSERT my rights. Unfortunatley it was one misdemeanor conviction too late.