ASP batons - legal?

[Tylerscott20]

I think that would be considered a "club" by PC 46.01, which is not changed by HB1935. So, no, they will not be legal.

[The Annoyed Man]

I think that would be considered a "club" by PC 46.01, which is not changed by HB1935. So, no, they will not be legal.

That's too bad. I'd rather poke or strike someone with a long stick than have to shoot them because the law left me no alternative. I wonder if there is any possibility in the future of the LTC parameters including striking weapons. I don't really want to close with somebody with a knife in my hands (or their hands). An ASP would expand the use of force continuum, giving LTCers the option of using some kind of intermediate level of force. They might be less inclined to produce a gun as the last resort. Not that we're into waving our guns around.....that's not what I'm saying......just that we would have greater ability to avoid going to guns.

[LeonCarr]

What Tylerscott20 said.

With Pepperspray being a legal form of intermediate use of force with a greater standoff distance than a baton, why not use that?

Just my .02,
LeonCarr

[bblhd672]

What Tylerscott20 said.

With Pepperspray being a legal form of intermediate use of force with a greater standoff distance than a baton, why not use that?

Just my .02,
LeonCarr

Tasers also. Both offer advantages and disadvantages.

[ELB]

What Tylerscott20 said.

With Pepperspray being a legal form of intermediate use of force with a greater standoff distance than a baton, why not use that?

Just my .02,
LeonCarr

Why not both? It is the right to bear arms, not just firearms.

[The Annoyed Man]

What Tylerscott20 said.

With Pepperspray being a legal form of intermediate use of force with a greater standoff distance than a baton, why not use that?

Just my .02,
LeonCarr

Why not both? It is the right to bear arms, not just firearms.

That's certainly a good argument, and I've been thinking about pepper spray for myself. But the primary disadvantage to pepper spray over an ASP is that the risk of dosing yourself in the process of spraying the other guy is pretty high. The ASP doesn't care which way the wind is blowing.

[Jusme]

What Tylerscott20 said.

With Pepperspray being a legal form of intermediate use of force with a greater standoff distance than a baton, why not use that?

Just my .02,
LeonCarr

Why not both? It is the right to bear arms, not just firearms.

Patience, young Jedi!!

We finally got most of our ridiculous knife laws repealed, this past session. It should not be too much of a stretch, to get legislators to realize that if a person, can carry a sword, in public, how much more dangerous would he/she be with an expandable baton? The "club" law is just about a ridiculous as the knife laws were, It could include anything, by it's design, or use. So a baseball bat, a walking stick, a hammer, etc. would fall into that category, if it were used as a striking instrument. I carried an ASP as a LEO, and I would like to have the ability to carry one again. They are compact, can be concealed, and are pretty devastating, in the hands of someone trained in their use. I can see where, it would be a good choice, in a 30.06 posted location, or even as a backup, in case there was a catastrophic, failure to my gun. JMHO

[OldCurlyWolf]

What Tylerscott20 said.

With Pepperspray being a legal form of intermediate use of force with a greater standoff distance than a baton, why not use that?

Just my .02,
LeonCarr

Tasers also. Both offer advantages and disadvantages.

Currently the tasers allowed for "Non-LEO" use are contact only. No stand-off ability.
Not any better than batons.

I often have a 3' heartwood of Cedar walking stick with me. I have a recorded history of bad knees. Works nicely.
I also have a 6'+ oak walking stick.

[bubba84]

What Tylerscott20 said.

With Pepperspray being a legal form of intermediate use of force with a greater standoff distance than a baton, why not use that?

Just my .02,
LeonCarr

Tasers also. Both offer advantages and disadvantages.

Currently the tasers allowed for "Non-LEO" use are contact only. No stand-off ability.
Not any better than batons.

I often have a 3' heartwood of Cedar walking stick with me. I have a recorded history of bad knees. Works nicely.
I also have a 6'+ oak walking stick.

The taser C2 has a 15' probe range and unlike the 5 sec jolt from LE tasers, runs for 30 seconds.

[ELB]

What Tylerscott20 said.

With Pepperspray being a legal form of intermediate use of force with a greater standoff distance than a baton, why not use that?

Just my .02,
LeonCarr

Why not both? It is the right to bear arms, not just firearms.

That's certainly a good argument, and I've been thinking about pepper spray for myself. But the primary disadvantage to pepper spray over an ASP is that the risk of dosing yourself in the process of spraying the other guy is pretty high. The ASP doesn't care which way the wind is blowing.

Yes I think I would prefer a club to pepper spray. I do carry pepper spray now, and it has the advantage of being small and portable, as well as a bit of "stand off." But aside from the disadvantages you list, I also see it as more of a "distractor" than a "make them stop", while I do other things like run away, etc.

[ELB]

What Tylerscott20 said.

With Pepperspray being a legal form of intermediate use of force with a greater standoff distance than a baton, why not use that?

Just my .02,
LeonCarr

Why not both? It is the right to bear arms, not just firearms.

Patience, young Jedi!!

..

Hah. I am neither young nor Jedi. Would like to see Texas, at least, fully implement the 2A before I die.

[Jusme]

What Tylerscott20 said.

With Pepperspray being a legal form of intermediate use of force with a greater standoff distance than a baton, why not use that?

Just my .02,
LeonCarr

Why not both? It is the right to bear arms, not just firearms.

Patience, young Jedi!!

..

Hah. I am neither young nor Jedi. Would like to see Texas, at least, fully implement the 2A before I die.

I agree, I was hoping it would be addressed, at the same time as the knife law, repeal. They could have kept the same restrictions for schools, etc. that they did for 5.5 inch knives.

[rotor]

This is always a question and I am not a legal expert but doesn't 6 say you can carry as long as you meet the following?

(b) Section 46.02 does not apply to a person who:
(1) is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 437.001, Government Code, or as a guard employed by a penal institution;
(2) is traveling;
(3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor’s residence, motor vehicle, or watercraft, if the weapon is a type commonly used in the activity;
(4) holds a security officer commission issued by the Texas Private Security Board, if the person is engaged in the performance of the person’s duties as an officer commissioned under Chapter 1702, Occupations Code, or is traveling to or from the person’s place of assignment and is wearing the officer’s uniform and carrying the officer’s weapon in plain view;
(5) acts as a personal protection officer and carries the person’s security officer commission and personal protection officer authorization, if the person:
(A) is engaged in the performance of the person’s duties as a personal protection officer under Chapter 1702, Occupations Code, or is traveling to or from the person’s place of assignment; and
(B) is either:
(i) wearing the uniform of a security officer, including any uniform or apparel described by Section 1702.323(d), Occupations Code, and carrying the officer’s weapon in plain view; or
(ii) not wearing the uniform of a security officer and carrying the officer’s weapon in a concealed manner;
(6) is carrying:
(A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and
(B) a handgun:
(i) in a concealed manner; or
(ii) in a shoulder or belt holster;

[Vol Texan]

This is always a question and I am not a legal expert but doesn't 6 say you can carry as long as you meet the following?

(b) Section 46.02 does not apply to a person who:
(1) is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 437.001, Government Code, or as a guard employed by a penal institution;
(2) is traveling;
(3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor’s residence, motor vehicle, or watercraft, if the weapon is a type commonly used in the activity;
(4) holds a security officer commission issued by the Texas Private Security Board, if the person is engaged in the performance of the person’s duties as an officer commissioned under Chapter 1702, Occupations Code, or is traveling to or from the person’s place of assignment and is wearing the officer’s uniform and carrying the officer’s weapon in plain view;
(5) acts as a personal protection officer and carries the person’s security officer commission and personal protection officer authorization, if the person:
(A) is engaged in the performance of the person’s duties as a personal protection officer under Chapter 1702, Occupations Code, or is traveling to or from the person’s place of assignment; and
(B) is either:
(i) wearing the uniform of a security officer, including any uniform or apparel described by Section 1702.323(d), Occupations Code, and carrying the officer’s weapon in plain view; or
(ii) not wearing the uniform of a security officer and carrying the officer’s weapon in a concealed manner;
(6) is carrying:
(A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and
(B) a handgun:
(i) in a concealed manner; or
(ii) in a shoulder or belt holster;

I've also had that question - if I have my LTC and my handgun, or if I am traveling (under the authority of MPA, I assume), then an asp or side-handle baton, or other such items are legal to carry?

If so, I'll invest in an asp right away. It would be a nice option to have in a situation such as this one, allowing an intermediate level of force to be applied, if you want.