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Posted: Fri Sep 14, 2007 3:06 pm
by 45ACP
Thanks again for the info. I know this is off-topic, but what's the deal on telescoping batons? nunchaku sticks?

I've been reading the statutes, but I don't have certainty. In fact, I'm more confused.

Posted: Fri Sep 14, 2007 3:40 pm
by rspeir
45ACP wrote:Thanks again for the info. I know this is off-topic, but what's the deal on telescoping batons? nunchaku sticks?

I've been reading the statutes, but I don't have certainty. In fact, I'm more confused.
It's my understanding that both are considered clubs under PC §46.01.

PC §46.01. DEFINITIONS. In this Chapter:
(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.

PC §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.

There are differing opinions on whether the CHL laws allow someone with a CHL to carry a club.

Posted: Fri Sep 14, 2007 4:59 pm
by 45ACP
Thanks, I was reading all that, has the law changed?

Is it legal to have a club in your home?

Were they completely outlawed before?

Thanks!

Posted: Fri Sep 14, 2007 6:06 pm
by seamusTX
45ACP wrote:Thanks, I was reading all that, has the law changed?
Is it legal to have a club in your home?
It has been legal for a long time (I don't know how long) to have a handgun, "illegal" knife, or club on premises that you own or control.

What changed is PC §46.02(a)(2), which allows you to carry a weapon in your vehicle.

Only time will tell whether the police and courts interpret this change as intended.

- Jim

Posted: Fri Sep 14, 2007 6:58 pm
by rspeir
45ACP wrote:Thanks, I was reading all that, has the law changed?

Is it legal to have a club in your home?

Were they completely outlawed before?

Thanks!
Sorry, didn't realize the statutes had changed.

Posted: Fri Sep 14, 2007 8:49 pm
by drinks
I realize I am old and obsolete, however, I can recall from my childhood, most people who ventured off the paved roads, and there were many in the '40s and '50s, even into the '60's , had at least a folding shovel and a machete under the seat, behind the seat or in the trunk.
This is not to mention the rifle and shotgun in the back window rack or behind the seat in a pickup.
How did all of us keep from going to prison? :shock:

Posted: Fri Sep 14, 2007 10:11 pm
by Farley
drinks wrote:I realize I am old and obsolete, however, I can recall from my childhood, most people who ventured off the paved roads, and there were many in the '40s and '50s, even into the '60's , had at least a folding shovel and a machete under the seat, behind the seat or in the trunk.
This is not to mention the rifle and shotgun in the back window rack or behind the seat in a pickup.
How did all of us keep from going to prison? :shock:

Because back then...and I remember those days well...people actually had common sense. The "new york mentality" hadn't moved this far west yet.

Posted: Sat Sep 15, 2007 12:28 am
by srothstein
drinks wrote:I realize I am old and obsolete, however, I can recall from my childhood, most people who ventured off the paved roads, and there were many in the '40s and '50s, even into the '60's , had at least a folding shovel and a machete under the seat, behind the seat or in the trunk.
This is not to mention the rifle and shotgun in the back window rack or behind the seat in a pickup.
How did all of us keep from going to prison? :shock:
Well, it might be because the rifle and shotgun were legal to have in your car, and still are. As far as I can tell, the only reason more people do not keep long guns in their pickup window racks is because we reduced burglary of a motor vehicle to a misdemeanor. Cars are too easy to get into and there is not as much punishment, so there are more car burglaries. People here about this and don't leave as many valuables, like long guns, in their vehicles.

For the machete, I would have to agree with Farley that it was just because the average Texan (cop and citizen) had more common sense back then.