Re: ASP batons - legal?
Posted: Thu Aug 10, 2017 11:00 pm
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.
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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.Tylerscott20 wrote: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.
Tasers also. Both offer advantages and disadvantages.LeonCarr wrote: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.LeonCarr wrote: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
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.ELB wrote:Why not both? It is the right to bear arms, not just firearms.LeonCarr wrote: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
ELB wrote:Why not both? It is the right to bear arms, not just firearms.LeonCarr wrote: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
Currently the tasers allowed for "Non-LEO" use are contact only. No stand-off ability.bblhd672 wrote:Tasers also. Both offer advantages and disadvantages.LeonCarr wrote: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
The taser C2 has a 15' probe range and unlike the 5 sec jolt from LE tasers, runs for 30 seconds.OldCurlyWolf wrote:Currently the tasers allowed for "Non-LEO" use are contact only. No stand-off ability.bblhd672 wrote:Tasers also. Both offer advantages and disadvantages.LeonCarr wrote: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
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.
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.The Annoyed Man wrote: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.ELB wrote:Why not both? It is the right to bear arms, not just firearms.LeonCarr wrote: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
Hah. I am neither young nor Jedi. Would like to see Texas, at least, fully implement the 2A before I die.Jusme wrote:ELB wrote:Why not both? It is the right to bear arms, not just firearms.LeonCarr wrote: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
Patience, young Jedi!!
..
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.ELB wrote:Hah. I am neither young nor Jedi. Would like to see Texas, at least, fully implement the 2A before I die.Jusme wrote:ELB wrote:Why not both? It is the right to bear arms, not just firearms.LeonCarr wrote: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
Patience, young Jedi!!
..
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?rotor wrote: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;