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Define "club"?

Posted: Sun Feb 13, 2011 7:37 pm
by jamisjockey
(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"?

Re: Define "club"?

Posted: Sun Feb 13, 2011 7:39 pm
by WildBill
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"?
Nope. It was specially designed to bean a baseball, not a human head.

Re: Define "club"?

Posted: Sun Feb 13, 2011 7:47 pm
by Oldgringo
Here you go. :tiphat:

Definition of CLUB

1a : a heavy usually tapering staff especially of wood wielded as a weapon
b : a stick or bat used to hit a ball in any of various games
c : something resembling a club

and some other stuff.

Re: Define "club"?

Posted: Sun Feb 13, 2011 7:49 pm
by WildBill
Oldgringo wrote:Here you go. :tiphat:

Definition of CLUB

1a : a heavy usually tapering staff especially of wood wielded as a weapon
b : a stick or bat used to hit a ball in any of various games
c : something resembling a club

and some other stuff.
That is not a legal definition.

Re: Define "club"?

Posted: Sun Feb 13, 2011 7:56 pm
by sugar land dave
But presumably a Nunchaku would be a club by that definition... :rules:

Re: Define "club"?

Posted: Sun Feb 13, 2011 7:59 pm
by WildBill
sugar land dave wrote:But presumably a Nunchaku would be a club by that definition... :rules:
I would say so.

Re: Define "club"?

Posted: Sun Feb 13, 2011 8:04 pm
by mreavis
A baseball bat would in fact be considered a club if you committed a crime with it. That aside, its a baseball bat.

Re: Define "club"?

Posted: Sun Feb 13, 2011 8:06 pm
by WildBill
mreavis wrote:A baseball bat would in fact be considered a club if you committed a crime with it. That aside, its a baseball bat.
I think that it would be a weapon, but not an illegal weapon like a club. But IANAL.

Please read this:
http://ss.utpb.edu/media/files/universi ... N-LAWS.pdf" onclick="window.open(this.href);return false;

Re: Define "club"?

Posted: Sun Feb 13, 2011 8:14 pm
by Oldgringo
[quote="mreavis"]A baseball bat would in fact be considered a club if you committed a crime with it.

...and so would anything else; e.g., golf club, cricket bat, etc., etc. used to bludgeon and/or "club" a person...

A club can also be a honky-tonk, a night club, a Rotary Club, etc., etc. What's the question?

Re: Define "club"?

Posted: Sun Feb 13, 2011 8:15 pm
by WildBill
Oldgringo wrote:
mreavis wrote:A baseball bat would in fact be considered a club if you committed a crime with it.

...and so would anything else; e.g., golf club, cricket bat, etc., etc. used to bludgeon and/or "club" a person...

A club can also be a honky-tonk, a night club, a Rotary Club, etc., etc. What's the question?
Please read this:

Tatom v. State, 555 S.W.2d 459 (Tex. Crim. App. 1977) “The pair of nun-chucks in
question are in the record. One of the alleged weapons consists of two pieces of
laminated wood. Each piece is over eleven inches long and is an inch in diameter. Holes
have been drilled in the center of an end of each piece and at an inch below. The rope
connecting the two pieces of wood is threaded through the four holes and knots tied on
the side of each piece. There is three inches of rope between the ends of each piece of
wood. Observing them, we hold that the trial judge had before him sufficient evidence to
conclude that they were designed for the purpose of inflicting serious bodily injury or
death upon a person by striking him. Whether the weapon was used solely for karate
practice or not, or whether it was used solely for defensive purposes, the evidence
sufficiently demonstrated that it was a club as defined in the statute.”
Alexander v. State, 617 S.W.2d 269 (Tex. Crim. App. 1981) “The fact that an object is
capable of inflicting serious bodily injury or death alone does not bring the object within
the definition of club.” “Instruments readily capable of inflicting serious bodily injury but
not specifically designed to do so, such as baseball bats and rolling pins, are excluded, if
a person carrying one of them has intent to use them to inflict injury and his criminal
design progresses far enough, however, he can be prosecuted for an attempted or
completed assault.” The court then found a nylon cord attached to a twelve-inch
motorcycle chain was insufficient adaptation to find it to be a club under the statute.
Same result in a case where defendant possessed a “tire knocker” (18 inch long piece of
hickory with a leather thong tied through handle) used to check air pressure in truck tires.
It was not specially designed, made or adapted for the purpose of inflicting death or
serious bodily injury by striking a person. Coleman v. State, 790 S.W.2d 369 (Tex. App.-
Dallas 1990).

Items that can be used to commit assault such as baseball bats are not clubs because they
are not adapted for the purpose. However a sock with a roll of coins in it has been
adapted for the purpose so could be a club.

http://ss.utpb.edu/media/files/universi" onclick="window.open(this.href);return false; ... N-LAWS.pdf

Re: Define "club"?

Posted: Sun Feb 13, 2011 8:27 pm
by Oldgringo
:tiphat: I'm sorry, I apparently didn't understand the question.

Re: Define "club"?

Posted: Sun Feb 13, 2011 8:55 pm
by HotLeadSolutions
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.
As messed up as it is, the young boy in the following picture is guilty of UCW under Texas law.

Image

Re: Define "club"?

Posted: Sun Feb 13, 2011 9:16 pm
by Greybeard
If the short version there of the baseball bat story includes all the pertinent details, it sounds like some rather mean prosecutors in that area - and/or a lousy lawyer.

Re: Define "club"?

Posted: Sun Feb 13, 2011 9:25 pm
by WildBill
Greybeard wrote:If the short version there of the baseball bat story includes all the pertinent details, it sounds like some rather mean prosecutors in that area - and/or a lousy lawyer.
Could be a lousy judge too.

Re: Define "club"?

Posted: Mon Feb 14, 2011 1:10 am
by HotLeadSolutions
Greybeard wrote:If the short version there of the baseball bat story includes all the pertinent details, it sounds like some rather mean prosecutors in that area - and/or a lousy lawyer.
Two words...
Lubbock, TX