Are any of these weapons illegal in Texas? UPDATE

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[ARCHIVED THREAD] - Are any of these weapons illegal in Texas? UPDATE (Page 1 of 2)

Posted: 3/6/2005 9:22:23 PM EDT

- Blackjacks
- Telescoping Batons
- Billy Clubs
- Switchblades
- Butterfly Knives

I checked through the Texas Weapons code, and I couldn't find anything about tazers. Are they legal in TX?

Posted: 3/6/2005 9:30:11 PM EDT

[#1]

only if you get caught....

Posted: 3/6/2005 9:44:07 PM EDT

[#2]

Here's the weapons code for Texas:

www.capitol.state.tx.us/statutes/docs/PE/content/htm/pe.010.00.000046.00.htm

Posted: 3/7/2005 4:39:27 AM EDT

[#3]

Quoted:
- Blackjacks
- Telescoping Batons
- Billy Clubs
- Switchblades
- Butterfly Knives

The first 3 are clubs. According to the Texas Penal Code, section 46.02 , A person commits an offense if he intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club.

The second two are switchblade knives by Texas Definition

(11) "Switchblade knife" means any knife that has a blade
that folds, closes, or retracts into the handle or sheath, and that:

(A) opens automatically by pressure applied to a button or
other device located on the handle; or

(B) opens or releases a blade from the handle or sheath by
the force of gravity or by the application of centrifugal force.

§46.05. Prohibited weapons.

(a) A person commits an offense if he intentionally or
knowingly possesses, manufactures, transports, repairs, or sells:

(1) an explosive weapon;

(2) a machine gun;

(3) a short-barrel firearm;

(4) a firearm silencer;

(5) a switchblade knife;

There are exceptions you can find.

Posted: 3/7/2005 5:19:17 AM EDT

[#4]

Quoted:

(B) opens or releases a blade from the handle or sheath by
the force of gravity or by the application of centrifugal force.

i think that covers just about every "tactical" folder made

Posted: 3/7/2005 5:37:29 AM EDT

[#5]

The better questions is which one of those aren't illegal.

Posted: 3/7/2005 10:13:15 AM EDT

[#6]

(d) It is an affirmative defense to prosecution under this
section that the actor's conduct:
(1) was incidental to dealing with a switchblade
knife, springblade knife, or short-barrel firearm solely as an
antique or curio; ...

I think that many people have Benchmades by calling themselves curio collectors.

Posted: 3/7/2005 11:42:26 AM EDT

[#7]

So ASP batons are illegal then....that sucks.

Posted: 3/7/2005 12:08:20 PM EDT

[#8]

I was under th eimpression you oculd carry a club if you had CCW......... which is somewhat pointless as you cold then carry a firearm.........

and that knife law looks almost identical to ours up here...... Up here we can have a knife that has s thumbstud, so long as the blade does not move under it's own weight when the knife is moved in a closed position. Ohterwise centrifugal force makes it illegal (like butterfly knives and the like)

Most Kershaws are legal up here for some reason, which is good because i like Kershaws

Posted: 3/7/2005 6:47:31 PM EDT

[#9]

Quoted:
So ASP batons are illegal then....that sucks.

Weren't you the one over at the Lightfighter Tactical Forums running off at the mouth about how you whipped out your ASP baton to intimidate someone at work?

lightfighter.net/eve/ubb.x/a/tpc/f/5436084761/m/5901012011

Quoted:
Interesting day at work today.... last night I caught 2 guys stealing company info and making deals with a competitor. Was here late lasy nite goin thru their computers and documenting the deeds.
Today when one of em came in he was informed of his change in status (terminated) I escorted him out, after handing him his box of shit.
He came back an hour later and I found him in payroll, trying to collect a check.
I asked him to leave, whereupon he decided to get physical.
I carry an impact baton and snapped her out.
Amazing the psychological effect it had.
LOL New shorts were in order.
The ironic thing is that I am not charged with any of these duties at work but somehow the boss picks me.
Those little batons are helpful, used the same one years ago at a gas station with a guy who wanted some cash for free.
Just me ranting, hope it isn't in the wrong forum.

Please don't come over to this forum acting the fool like you did at the Lightfighter forum.

Jeremy

Posted: 3/7/2005 6:51:10 PM EDT

[#10]

I was under th eimpression you oculd carry a club if you had CCW

Texas does not have a CCW, only CHL; Concealed Handgun License.

Florida has CCW, as well as a few other states. Texas is only for handguns.

Posted: 3/7/2005 6:57:26 PM EDT

[#11]

Quoted:
So ASP batons are illegal then....that sucks.

Not to mention the fact that two people from LF.net informed him last week that carrying a baton was illegal. I guess the legal opinions of those people don't count for anything, and he had to come over here and hear it from someone else.

Good luck,
-Randy

Posted: 3/7/2005 7:36:20 PM EDT

[#12]

Quoted:
I was under th eimpression you oculd carry a club if you had CCW

Texas does not have a CCW, only CHL; Concealed Handgun License.

Florida has CCW, as well as a few other states. Texas is only for handguns.

What he is referring to is Texas CHL NONAPPLICABILITY (section 46.15) applies to section 46.02, not handguns per se. So if you have a CHL AND you are carrying it with a valid license, 46.02 does not apply to you.

Not the intent, but that is the law.

http://www.capitol.state.tx.us/statutes/pe.toc.htm

Posted: 3/7/2005 7:55:49 PM EDT

[#13]

Quoted:
Quoted:
So ASP batons are illegal then....that sucks.

Weren't you the one over at the Lightfighter Tactical Forums running off at the mouth about how you whipped out your ASP baton to intimidate someone at work?

lightfighter.net/eve/ubb.x/a/tpc/f/5436084761/m/5901012011

Quoted:
Interesting day at work today.... last night I caught 2 guys stealing company info and making deals with a competitor. Was here late lasy nite goin thru their computers and documenting the deeds.
Today when one of em came in he was informed of his change in status (terminated) I escorted him out, after handing him his box of shit.
He came back an hour later and I found him in payroll, trying to collect a check.
I asked him to leave, whereupon he decided to get physical.
I carry an impact baton and snapped her out.
Amazing the psychological effect it had.
LOL New shorts were in order.
The ironic thing is that I am not charged with any of these duties at work but somehow the boss picks me.
Those little batons are helpful, used the same one years ago at a gas station with a guy who wanted some cash for free.
Just me ranting, hope it isn't in the wrong forum.

Please don't come over to this forum acting the fool like you did at the Lightfighter forum.

Jeremy

Sounds like you are bragging about your past experiences.

Posted: 3/7/2005 8:08:53 PM EDT

[#14]

Quoted:
- Blackjacks
- Telescoping Batons
- Billy Clubs
- Switchblades
- Butterfly Knives

You can have switchblades, batons, etc.-- for collecting purposes. Carrying them is another story... try carrying a baseball bat at night, down the street. Be sure to bring a baseball glove, ball, and cleats to help prove you have a valid reason to have the bat...

Posted: 3/7/2005 8:15:54 PM EDT

[#15]

All you need is a baseball to carry a bat. just make sure you have it.

Posted: 3/7/2005 8:23:48 PM EDT

[#16]

Dude! You own a gun. Why the F$&%& are you using a club?

Posted: 3/8/2005 5:29:31 AM EDT

[#17]

Quoted:
Quoted:
I was under th eimpression you oculd carry a club if you had CCW

Texas does not have a CCW, only CHL; Concealed Handgun License.

Florida has CCW, as well as a few other states. Texas is only for handguns.

What he is referring to is Texas CHL NONAPPLICABILITY (section 46.15) applies to section 46.02, not handguns per se. So if you have a CHL AND you are carrying it with a valid license, 46.02 does not apply to you.

Not the intent, but that is the law.

http://www.capitol.state.tx.us/statutes/pe.toc.htm

Not actually. 46.15

Text (b) Section 46.02 does not apply to a person who:

(6) is carrying a concealed handgun and a valid license
issued under Article 4413(29ee), Revised Statutes, to carry a
concealed handgun of the same category as the handgun the person is
carrying;

So 46.02 DOES apply to a person carrying a club or a knife, even if they have a CHL.

Posted: 3/8/2005 6:43:55 AM EDT

[#18]

Quoted:
Quoted:
Quoted:
I was under th eimpression you oculd carry a club if you had CCW

Texas does not have a CCW, only CHL; Concealed Handgun License.

Florida has CCW, as well as a few other states. Texas is only for handguns.

What he is referring to is Texas CHL NONAPPLICABILITY (section 46.15) applies to section 46.02, not handguns per se. So if you have a CHL AND you are carrying it with a valid license, 46.02 does not apply to you.

Not the intent, but that is the law.

http://www.capitol.state.tx.us/statutes/pe.toc.htm

Not actually. 46.15

Text (b) Section 46.02 does not apply to a person who:

(6) is carrying a concealed handgun and a valid license
issued under Article 4413(29ee), Revised Statutes, to carry a
concealed handgun of the same category as the handgun the person is
carrying;

So 46.02 DOES apply to a person carrying a club or a knife, even if they have a CHL.

Section 46.02 does not apply to a person who is carrying a concealed handgun and a valid license issued under Article 4413(29ee), Revised Statutes, to carry a concealed handgun of the same category as the handgun the person is carrying;

So if I leave my house "carrying a concealed handgun", and "a valid license issued under Article 4413(29ee), Revised Statutes, to carry a concealed handgun of the same category as the handgun", then 46.02 does not apply to me.

Nowhere does it say only certain portions of 46.02 do not apply. All of 46.02 does not apply. Like I said, that is not what they meant to do, but until they fix it, that is what it says. Anything else is revisionist thinking on the part of the DPS.

Posted: 3/8/2005 6:58:34 AM EDT

[#19]

Quoted:
- Blackjacks
- Telescoping Batons
- Billy Clubs
- Switchblades
- Butterfly Knives

What is your definition of illegal? possession? use of?

Posted: 3/8/2005 7:19:02 AM EDT

[#20]

Quoted:
Quoted:
Quoted:
Quoted:
I was under th eimpression you oculd carry a club if you had CCW

Texas does not have a CCW, only CHL; Concealed Handgun License.

Florida has CCW, as well as a few other states. Texas is only for handguns.

What he is referring to is Texas CHL NONAPPLICABILITY (section 46.15) applies to section 46.02, not handguns per se. So if you have a CHL AND you are carrying it with a valid license, 46.02 does not apply to you.

Not the intent, but that is the law.

http://www.capitol.state.tx.us/statutes/pe.toc.htm

Not actually. 46.15

Text (b) Section 46.02 does not apply to a person who:

(6) is carrying a concealed handgun and a valid license
issued under Article 4413(29ee), Revised Statutes, to carry a
concealed handgun of the same category as the handgun the person is
carrying;

So 46.02 DOES apply to a person carrying a club or a knife, even if they have a CHL.

Section 46.02 does not apply to a person who is carrying a concealed handgun and a valid license issued under Article 4413(29ee), Revised Statutes, to carry a concealed handgun of the same category as the handgun the person is carrying;

So if I leave my house "carrying a concealed handgun", and "a valid license issued under Article 4413(29ee), Revised Statutes, to carry a concealed handgun of the same category as the handgun", then 46.02 does not apply to me.

Nowhere does it say only certain portions of 46.02 do not apply. All of 46.02 does not apply. Like I said, that is not what they meant to do, but until they fix it, that is what it says. Anything else is revisionist thinking on the part of the DPS.

Good post.

TRG

Posted: 3/8/2005 8:00:15 AM EDT

[#21]

Quoted:

The second two are switchblade knives by Texas Definition

(11) "Switchblade knife" means any knife that has a blade
that folds, closes, or retracts into the handle or sheath, and that:
...
(B) opens or releases a blade from the handle or sheath by
the force of gravity or by the application of centrifugal force.

... (5) a switchblade knife;

There are exceptions you can find.

What about a Gerber LST? You can open it with a flick of the wrist. A la "centrifugal force".

Posted: 3/8/2005 8:39:18 AM EDT

[#22]

Quoted:
Quoted:
Quoted:
Quoted:
I was under th eimpression you oculd carry a club if you had CCW

Texas does not have a CCW, only CHL; Concealed Handgun License.

Florida has CCW, as well as a few other states. Texas is only for handguns.

What he is referring to is Texas CHL NONAPPLICABILITY (section 46.15) applies to section 46.02, not handguns per se. So if you have a CHL AND you are carrying it with a valid license, 46.02 does not apply to you.

Not the intent, but that is the law.

http://www.capitol.state.tx.us/statutes/pe.toc.htm

Not actually. 46.15

Text (b) Section 46.02 does not apply to a person who:

(6) is carrying a concealed handgun and a valid license
issued under Article 4413(29ee), Revised Statutes, to carry a
concealed handgun of the same category as the handgun the person is
carrying;

So 46.02 DOES apply to a person carrying a club or a knife, even if they have a CHL.

Section 46.02 does not apply to a person who is carrying a concealed handgun and a valid license issued under Article 4413(29ee), Revised Statutes, to carry a concealed handgun of the same category as the handgun the person is carrying;

So if I leave my house "carrying a concealed handgun", and "a valid license issued under Article 4413(29ee), Revised Statutes, to carry a concealed handgun of the same category as the handgun", then 46.02 does not apply to me.

Nowhere does it say only certain portions of 46.02 do not apply. All of 46.02 does not apply. Like I said, that is not what they meant to do, but until they fix it, that is what it says. Anything else is revisionist thinking on the part of the DPS.

Yes, I see your point; however, I can't afford nor desire to be a test case!

Posted: 3/8/2005 3:29:00 PM EDT

[#23]

Quoted:
Quoted:
Quoted:
Quoted:
Quoted:
I was under th eimpression you oculd carry a club if you had CCW

Texas does not have a CCW, only CHL; Concealed Handgun License.

Florida has CCW, as well as a few other states. Texas is only for handguns.

What he is referring to is Texas CHL NONAPPLICABILITY (section 46.15) applies to section 46.02, not handguns per se. So if you have a CHL AND you are carrying it with a valid license, 46.02 does not apply to you.

Not the intent, but that is the law.

http://www.capitol.state.tx.us/statutes/pe.toc.htm

Not actually. 46.15

Text (b) Section 46.02 does not apply to a person who:

(6) is carrying a concealed handgun and a valid license
issued under Article 4413(29ee), Revised Statutes, to carry a
concealed handgun of the same category as the handgun the person is
carrying;

So 46.02 DOES apply to a person carrying a club or a knife, even if they have a CHL.

Section 46.02 does not apply to a person who is carrying a concealed handgun and a valid license issued under Article 4413(29ee), Revised Statutes, to carry a concealed handgun of the same category as the handgun the person is carrying;

So if I leave my house "carrying a concealed handgun", and "a valid license issued under Article 4413(29ee), Revised Statutes, to carry a concealed handgun of the same category as the handgun", then 46.02 does not apply to me.

Nowhere does it say only certain portions of 46.02 do not apply. All of 46.02 does not apply. Like I said, that is not what they meant to do, but until they fix it, that is what it says. Anything else is revisionist thinking on the part of the DPS.

Yes, I see your point; however, I can't afford nor desire to be a test case!

Me neither as the DPS position is they are illegal. Either way, if I am carrying a gun, why also carry a stick or illegal knife when you can legally carry a gun and a legal knife?

Posted: 3/8/2005 4:12:35 PM EDT

[#24]

Quoted:

Most Kershaws are legal up here for some reason, which is good because i like Kershaws

Kershaws are legal because they do not open by pressing a devise on the handle. Other knifes that we open with a flick of the wrist are not DISINED to be opened so, like your car is not DISINED to exceed the speed limit. So they are legal.

Posted: 3/8/2005 7:50:21 PM EDT

[#25]

Quoted:
- Blackjacks
- Telescoping Batons
- Billy Clubs
- Switchblades
- Butterfly Knives

I checked through the Texas Weapons code, and I couldn't find anything about tazers. Are they legal in TX?

tazers are legal

Posted: 3/8/2005 8:10:54 PM EDT

[#26]

Quoted:
Quoted:

The second two are switchblade knives by Texas Definition

(11) "Switchblade knife" means any knife that has a blade
that folds, closes, or retracts into the handle or sheath, and that:
...
(B) opens or releases a blade from the handle or sheath by
the force of gravity or by the application of centrifugal force.

... (5) a switchblade knife;

There are exceptions you can find.

What about a Gerber LST? You can open it with a flick of the wrist. A la "centrifugal force".

If you can "flick" it open without assiatance of friction or force applied to the blade, you risk arrest.

Posted: 3/8/2005 10:56:14 PM EDT

[#27]

Quoted:
I was under th eimpression you oculd carry a club if you had CCW......... which is somewhat pointless as you cold then carry a firearm.........

and that knife law looks almost identical to ours up here...... Up here we can have a knife that has s thumbstud, so long as the blade does not move under it's own weight when the knife is moved in a closed position. Ohterwise centrifugal force makes it illegal (like butterfly knives and the like)

Most Kershaws are legal up here for some reason, which is good because i like Kershaws

Kershaw knives are considered "assisted opening" knives. You must start the opening process manually but pushing the blade out, at which point the tension bar takes over and finishes the process. Completely legal by Texas law, and they can be purchased at Wal-Mart, Academy, and most other sporting goods shops in Texas. I keep breaking blades on Whirlwinds, usually at the tip, but I don't feel to bad about abusing them either.

Remember the Alamo, and God Bless Texas...

Posted: 3/8/2005 11:33:05 PM EDT

[#28]

Quoted:
Quoted:
Quoted:

The second two are switchblade knives by Texas Definition

(11) "Switchblade knife" means any knife that has a blade
that folds, closes, or retracts into the handle or sheath, and that:
...
(B) opens or releases a blade from the handle or sheath by
the force of gravity or by the application of centrifugal force.

... (5) a switchblade knife;

There are exceptions you can find.

What about a Gerber LST? You can open it with a flick of the wrist. A la "centrifugal force".

If you can "flick" it open without assiatance of friction or force applied to the blade, you risk arrest.

But it takes talent. Unless you can depress the lock. Then all back-lock blades are illegal for those who can depress the backspring. The older style front locks are all legal because the back spring is independent of the lock.

Bummer law. I guess I have to stop flicking it open, lest a LEO sees me doing something "illegal".

Posted: 3/9/2005 7:57:51 AM EDT

[#29]

This whole argument is why pepper spray is so great. It's totally legal, and since it's non-lethal, if you have to use it, the courts will look favorably on you because you didn't cut the perp up, bash his skull in with a club, beat him with your hands, throw him on the concrete, etc...

The stuff is totally effective for most situations where a gun is not warranted. Forget all that plastic crap, though, and carry the ASP defender...

Don't get me wrong, I think a tele baton is one of the best non-lethal devices out there, but here in Texas, it's a no-go for civilian carry. Mine is dusty in a drawer somewhere, while I have worn out about 4 ASP defender pepper sprays. My Glocks don't seem to wear out so much, but I get extras and rotate them out just because.......

Posted: 3/9/2005 8:08:12 AM EDT

[#30]

Quoted:
This whole argument is why pepper spray is so great. It's totally useless.

Fixed it for you. I've been sprayed. Hurt like hell, but if I truly had my mind set on hurting someone, it wouldn't have stopped me.

Posted: 3/9/2005 8:47:10 AM EDT

[#31]

Quoted:
Quoted:
This whole argument is why pepper spray is so great. It's totally useless.

Fixed it for you. I've been sprayed. Hurt like hell, but if I truly had my mind set on hurting someone, it wouldn't have stopped me.

I have been sprayed too. I also teach Security Guards in Texas, and we teach an OC class monthly. 90% of those sprayed are immediately out of it. The other 10% it takes 3-5 seconds.

I also have seen many LEO's trained with the same results.

Posted: 3/9/2005 9:12:34 AM EDT

[#32]

Quoted:
I have worn out about 4 ASP defender pepper sprays.

What in the Sam Houston are you doing that causes you to use so much pepper spray?

Posted: 3/9/2005 9:30:38 AM EDT

[#33]

Quoted:
Quoted:
I have worn out about 4 ASP defender pepper sprays.

What in the Sam Houston are you doing that causes you to use so much pepper spray?

LOL Thast what I was thinking too. I carry an ASP Defender too.

Posted: 3/9/2005 9:49:06 AM EDT

[#34]

Quoted:
Quoted:
I have worn out about 4 ASP defender pepper sprays.

What in the Sam Houston are you doing that causes you to use so much pepper spray?

Well, assuming he is a Police Officer, by Pepper Spraying people, he is not Punching, Clubbing, Shooting or otherwise inflicting permanent bodily harm on the people he serves. I think that is good police work.

Posted: 3/9/2005 10:25:04 AM EDT

[#35]

Quoted:
Quoted:
Quoted:
I have worn out about 4 ASP defender pepper sprays.

What in the Sam Houston are you doing that causes you to use so much pepper spray?

Well, assuming he is a Police Officer, by Pepper Spraying people, he is not Punching, Clubbing, Shooting or otherwise inflicting permanent bodily harm on the people he serves. I think that is good police work.

They have replaceable canisters. From his post, I imagine the devices being worn out, not used up...just the way he worded it.

Posted: 3/9/2005 10:53:06 AM EDT

[#36]

Quoted:
Quoted:
I have worn out about 4 ASP defender pepper sprays.

What in the Sam Houston are you doing that causes you to use so much pepper spray?

Spraying it on his food. [Homer Simpson] The taste of old Mexico! Arggggllrrrgglll....[/Homer Simpson]

Posted: 3/9/2005 2:26:11 PM EDT

[#37]

Switchblades are illegal and
will be confiscated if found on you while in the public.

Posted: 3/9/2005 4:51:11 PM EDT

[#38]

Quoted:
Quoted:
- Blackjacks
- Telescoping Batons
- Billy Clubs
- Switchblades
- Butterfly Knives

I checked through the Texas Weapons code, and I couldn't find anything about tazers. Are they legal in TX?

tazers are legal

The night shift brass have elected me as their ginipig for when they start trainging for the new tazers

Posted: 3/9/2005 7:57:48 PM EDT

[#39]

Quoted:
Switchblades are illegal and
will be confiscated if found on you while in the public.

...that depends if hte officer gives a shit or not.

Posted: 3/10/2005 8:37:56 AM EDT

[#40]

Good thead. I carry a Glock, even though I love it, it looks like a club, so am I in trouble?

Posted: 3/10/2005 9:23:00 AM EDT

[#41]

Quoted:
Good thead. I carry a Glock, even though I love it, it looks like a club, so am I in trouble?

Only when it blows up in your hand.

TRG

Posted: 3/11/2005 12:51:02 AM EDT

[#42]

Quoted:
Quoted:
Quoted:
I have worn out about 4 ASP defender pepper sprays.

What in the Sam Houston are you doing that causes you to use so much pepper spray?

Spraying it on his food. [Homer Simpson] The taste of old Mexico! Arggggllrrrgglll....[/Homer Simpson]

I was thinking more along the lines of breath spray before knocking on a date's door to pick her up for dinner and a movie.

Posted: 3/11/2005 12:52:37 AM EDT

[#43]

Quoted:
Quoted:
Good thead. I carry a Glock, even though I love it, it looks like a club, so am I in trouble?

Only when it blows up in your hand.

TRG

f'n hilarious posts......... both of y'all.........

Posted: 3/11/2005 1:17:54 AM EDT

[#44]

I live in a "gray" neighborhood..... as in most of the folks 'round here are older. I always see them walking in the evenings (i.e. dusk) carrying those "walking sticks" (i.e. clubs).

Funny, as I could never recall age having anything to do with nonapplicability.........

Posted: 3/11/2005 9:32:06 PM EDT

[#45]

Quoted:
I live in a "gray" neighborhood..... as in most of the folks 'round here are older. I always see them walking in the evenings (i.e. dusk) carrying those "walking sticks" (i.e. clubs).

Funny, as I could never recall age having anything to do with nonapplicability.........

I took the CHL class, and it struck me as any 'long swinging device' would be illegal, be it cane, crutch etc. What would be the deal with my hiking stick (yes, specifically made for that purpose)?

Along those lines, what about Class lll ownership? Any ownership of mahineguns?

Posted: 3/12/2005 8:13:57 AM EDT

[#46]

Quoted:
Quoted:

I took the CHL class, and it struck me as any 'long swinging device' would be illegal, be it cane, crutch etc. What would be the deal with my hiking stick (yes, specifically made for that purpose)?

Along those lines, what about Class lll ownership? Any ownership of mahineguns?

here is the TPC definition of a club

(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.

Walking sticks, critches, even baseball bats are not in and of themselves illegal to carry. What matters is the adaptation of its use.

The rumors of needing to carry a baseball with a bat to be legal stem from case law, and may or may not accurately reflect the results of a particular case. Drilling a hole in a bat, filling it with lead and taping the handle could easily be seen as adapting the bat for the purposes set out in the definition.

Officers and the courts will look at the totality of the circumstances when evaluating a potential club.

***far fetched example*** a guy your sister is dating tries to score against her wishes. She comes home upset and crying. You never liked the arrogant, cocky SOB, so you decide to go have a little "chat" with him.

Before you leave you throw your baseball bat in the car. You find Romeo at the local Taco Bell parking lot. You and he get into a heated argument, fighting words are exchanged and you grab your bat. Someone called in a disturbance and the PoPo show up about this time. You could have a problem.

Or as you are leaving the PD pulls you over as you drive away because you were reported involved in the disturbance. Said bat is found in the car.

****end of far fetched story****

Way to many variables to make a concrete blaket statement about things like bats and walking sticks.

Posted: 3/12/2005 8:59:40 AM EDT

[#47]

Quoted:
Quoted:
Switchblades are illegal and
will be confiscated if found on you while in the public.

...that depends if hte officer gives a shit or not.

Yeah that is true.

Posted: 3/12/2005 7:37:26 PM EDT

[#48]

Quoted:
here is the TPC definition of a club

(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:

txinvestigator,

I was kinda just pokin' fun at the oldies who carry their walking sticks / clubs. The italicized portion of what is in red is what [technically] saves them from becoming law-breakers........ their clubs aren't intended/designed to inflict injury on persons, rather on biting/attacking dogs. The fact that they can/could jack up a person is incidental to their primary purpose of doggie self-defense tool. That, and the fact that nobody wants to cite/arrest their mom's/dad's bridge partner and potential future nursing home roommate.............

Posted: 3/12/2005 9:44:55 PM EDT

[#49]

Thanks for the reply, txinvestigator. Lets tackle this issue: scanning thru the link i didn't see a provision for legally registered Class llls.

§ 46.05. PROHIBITED WEAPONS. (a) A person commits an
offense if he intentionally or knowingly possesses, manufactures,
transports, repairs, or sells:

(2) a machine gun;
(3) a short-barrel firearm;

An oversight or a case waiting to be tested by trial?

Posted: 3/13/2005 6:17:37 AM EDT

[#50]

Quoted:
Thanks for the reply, txinvestigator. Lets tackle this issue: scanning thru the link i didn't see a provision for legally registered Class llls.

§ 46.05. PROHIBITED WEAPONS. (a) A person commits an
offense if he intentionally or knowingly possesses, manufactures,
transports, repairs, or sells:

(2) a machine gun;
(3) a short-barrel firearm;

An oversight or a case waiting to be tested by trial?

Keep reading:

(c) It is a defense to prosecution under this section that
the actor's possession was pursuant to registration pursuant to the
National Firearms Act, as amended.

[ARCHIVED THREAD] - Are any of these weapons illegal in Texas? UPDATE (Page 1 of 2)

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