Collapsable Baton?

[lrb111]

illegal...

considered a club.

CHAPTER 46. WEAPONS

§ 46.02. UNLAWFUL CARRYING WEAPONS.
(a) A person commits an offense if he intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

Someday someone is going to push this.

PC §46.15. NONAPPLICABILITY.
(b) Section 46.02 does not apply to a person who:
(6) is carrying a concealed handgun and a valid license issued
under Subchapter H, Chapter 411, Government Code, to carry a
concealed handgun of the same category as the handgun the person
is carrying;

Notice is does not say what part of 46.02. I take that to mean all of 46.02.
It might still take a good lawyer to make it fly as a defense.

[gigag04]

Someone will chime in who knows the knife laws better; problem with them is they are interpreted different by each county Sherrif it seems. Knife laws in San Antionio are extremely strict as I bet you know.

County law enforcement official's opinions have no bearing on the law. The only way you may get in trouble is a DA/CA that takes it upon themselves to legislate from the office chair, like we used to deal with in Harris County regarding vehicle carry, pre-MPA.

I have no experience of any municipal ordinances regarding knives in San Antonio. Unless they have something specific, they would follow the state penal code.

[Ameer]

I have no experience of any municipal ordinances regarding knives in San Antonio. Unless they have something specific, they would follow the state penal code.

The story is they have a municipal ordinance prohibiting locking blades, so it would be a class C misd.

[Aggie_engr]

I have no experience of any municipal ordinances regarding knives in San Antonio. Unless they have something specific, they would follow the state penal code.

Cross reference— Regulation of firearms and weapons, § 21-151 et seq.

Sec. 21-17. - Certain knives prohibited generally; exceptions; penalty for violation.

(a) It shall be unlawful for any person to intentionally or knowingly carry on or about his person a knife with a blade less than five and one-half (5½) inches in length, which knife is equipped with a lock mechanism so that upon opening, it becomes a fixed blade knife.

(b) The above prohibition set forth in subsection (a) shall not be applicable to a person carrying such a knife:

(1) In the actual discharge of his duties as a peace officer, a member of the armed forces or national guard, or a guard employed by a penal institution;
(2) On his own premises or premises under his control;
(3) Traveling;
(4) Engaged in lawful hunting, fishing or other lawful sporting activity; or
(5) Using such a knife in connection with a lawful occupation, during such utilization.

(Code 1959, § 26-28.1)
http://library.municode.com/HTML/11508/ ... PRGEEXPEVI" onclick="window.open(this.href);return false;

We would like to think that they would follow state law but alas, it's government officials we're talking about.

[Aggie_engr]

They also think that this is enforceable.

Sec. 21-157. - Carrying of weapons, including concealed handguns, on city-owned premises prohibited; posting of notice.

(a) It is the intent of the city council to prohibit any person other than a commissioned security officer employed by the city and licensed peace officers from carrying or possessing weapons including concealed handguns on city-owned premises, including city-owned buildings, parking garages, lots, and other parking areas but excluding city-owned or operated public parks, streets and sidewalks.

(b) It is the intent of the city council that the term weapon shall include a firearm, handgun, club, illegal knife, knife, and any prohibited weapon listed in Texas Penal Code Section 46.05(a) and have the same meaning as said items are defined in Section 46.01, Texas Penal Code.

(c) The city council directs the city manager, or his designee to post the appropriate signs and such other notice, in accordance with Section 30.05 of the Texas Penal Code (the Criminal Trespass Law), to carry out the city council's above-stated intent.

(d) The city manager is authorized to take all steps reasonable and necessary to deny entry or continued presence on city-owned premises to all such persons possessing weapons including concealed handguns, including prosecution of such violators for the offense of criminal trespass.

(Res. No. 95-52-66, 12-21-95)

http://library.municode.com/HTML/11508/ ... NEPRPRPONO" onclick="window.open(this.href);return false;

[9mmfan]

Man, I know I am late to the game on this post,but I have been wanting to get one of these to carry at work. I manage a bar, and this seems like the perfect balance twixt the Surefire "assault flashlight" force multiplier thing and the .38 that normally rides my hip. Just gotta figure out how to carry one more thing on my person. I was strapping on the pistol, after mounting my pens, bottle opener, knife, flashlight, and a book of guest checks. My Old Lady was watching and was heard to retort that I should have a Bat Belt. Mayhaps in a carrier 'bout 7:30? Good for opposite my gun. How big are they when collapsed?

[lrb111]

Here's an assortment to look over. http://www.lapolicegear.com/batons.html" onclick="window.open(this.href);return false;

[KaiserB]

Yeah, I would never have looked that up to find out it was illegal to carry or use. Probably no disclaimer on it or given by the vendor so I wonder how many people bought one that day and plan to carry it and/or use it. No excuse for ignorance of the law but I didn't even think about the baton being classified as a club. I'll mark that off my "to buy" list, that's for sure. No use wasting my money.

Just like many things sold on the intranet or at gun shows it is buyer beware. You have to research prior to purchase or you could end up with a nice demonstration piece for your mantle.

Recently I had a gentleman give me a knife in trade for some gunsmithing I did. Later I found out he traded me the knife because he had bought it and realized it was illegal to carry (button operated i.e. switchblade). So now I have a nice knife in my drawer that I can not carry :) It works great as a letter opener.

[The Annoyed Man]

Does the illegality of collapsible batons extend to one's private property? 9mmfan hypothesizes carrying one behind the bar he owns. Would it be illegal to have and use one inside the confines of your home against an intruder? Or do you HAVE to just shoot him?

I don't personally want one, and if I'm close enough to use one then I'm too close, but it seems to me that there is a semantic difference between possessing and using one inside the privacy of your home, and carrying one in public.

What does the law say about that... Or about that general principle? After all, a CHL provides it's bearer with a defense to prosecution for carrying a gun in public under authority of that CHL, but no such authority is required to carry a gun inside of your house, and thus there is no provision for a defense to prosecution. Furthermore, the same knife that is illegal for you to carry on the street is not illegal for you to carry in a deer camp where the law concedes that there is a legitimate use for it. You can walk around inside of your house with a foot long carving knife, and that is perfectly legal, but you can't walk down your street with the same knife. So does the same principle apply to collapsible batons?

[MasterOfNone]

Does the illegality of collapsible batons extend to one's private property?

The prohibition to carrying such a club in public is stated as:

PC §46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person 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 reads to me that you can keep such a baton in your home or car.

[dubya]

CAR!!!!
Car???
That looks correct; any consensus on that?

That would be great for the car. Keep a stock cane there now.
(I certainly have batons at home. Doesn't everyone?)

[hirundo82]

Does the illegality of collapsible batons extend to one's private property? 9mmfan hypothesizes carrying one behind the bar he owns. Would it be illegal to have and use one inside the confines of your home against an intruder? Or do you HAVE to just shoot him?

It is a §46.02 (Unlawful Carrying Weapons) violation rather than a §46.05 (Prohibited Weapons) violation, so a baton is legal to carry on premises under your control or in your vehicle. Legally you can think of them as analogous to an "illegal knife," or a handgun if you don't have a CHL--it is fine to own a it, but you better not be caught carrying it in public.

[hirundo82]

CAR!!!!
Car???
That looks correct; any consensus on that?

That would be great for the car. Keep a stock cane there now.
(I certainly have batons at home. Doesn't everyone?)

That question was posed to Mr. Cotton after the MPA passed, and he confirmed it is legal.

[Tamie]

That's great if you plan to fight someone inside your car, but has the same limitations about stepping out onto the street or parking lot as someone carrying a pistol under the authority of MPA.

[Fangs]

A baseball bat, however, is perfectly legal to carry. You can even bring it on school property for your friendly softball game.

Write Lon Burnam. I'm sure he'll be offended by that loophole.

I was told by a Comal County Deputy that he generally arrests everyone who had a baseball bat unless they have a glove and a ball and are headed to the field.

I had been using bat to prop up the hatch on my '87 Supra at the time. After that discussion I went and got it fixed.