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Posted: Fri Jul 06, 2007 3:40 am
by Mike1951
gregthahand wrote:It would also be a Class A Misdermeanor
But it shouldn't be after Sept. 1st.

Posted: Fri Jul 06, 2007 12:05 pm
by KBCraig
Target1911 wrote:
gregthehand wrote:
pbandjelly wrote:and oh, yeah, A Bat in the truck's a great idea! would still be considered Lethal Force, though.
It would also be a Class A Misdermeanor :cry:

If you put a ball and glove in the truck too its not.....all you have to say if anyone asks is ya been out with the boys.
I'm sure txinvestigator will be along shortly... :grin:

But the gist of it is, a baseball bat is not a "club" in Texas law unless it is made, modified, or adapted to be used as a weapon.

Posted: Fri Jul 06, 2007 7:14 pm
by Mike1951
While the legislature was 'fixing' travelling again this year with HB1815, they seem to have included illegal knives and clubs, giving them the same status as a non-licensee having a handgun in his vehicle.

From HB1815, which goes into effect Sept. 1st:

SECTION 1. Section 46.02, Penal Code, is amended by amending Subsection (a) and adding Subsections (a-1) and (a-2) to read as follows:
(a) A person commits an offense if the person [he] intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.


This is going to take a while for the LE community to become aware of this, but it would seem that after Sept. 1st, it will no longer be a violation for simple possession of a club or illegal knife within the constraints of HB1815.

Posted: Fri Jul 06, 2007 11:38 pm
by gregthehand
That's good news, I did not realize that it was going to be legal from now on as long as it's in the car. I actually arrested some kids one night for having a baseball bat in their car. There were three and they had the bat in the rear passenger seat behind the driver. I noticed it and asked the driver if they had been laying baseball. He said (and I will quote as best as I can remember) "Nah we keep that in the car just incase we have to whip somebody :roll: When I called the DA and asked which one I should take she just told me to take them all. :shock:

Posted: Sat Jul 07, 2007 12:34 pm
by govnor
gregthehand wrote:That's good news, I did not realize that it was going to be legal from now on as long as it's in the car. I actually arrested some kids one night for having a baseball bat in their car. There were three and they had the bat in the rear passenger seat behind the driver. I noticed it and asked the driver if they had been laying baseball. He said (and I will quote as best as I can remember) "Nah we keep that in the car just incase we have to whip somebody :roll: When I called the DA and asked which one I should take she just told me to take them all. :shock:
Lol, *insert loud buzzer noise* wrong answer!