Is this legal?

[jtriron]

As the title reflects, Could a person carry say a 18 inch piece of 1/2 steel pipe with grip tape on one end in a vehicle? Would LEO consider this a weapon if found at a traffic stop?
And referring to a major metropolitan city in Texas.

 

[mkillebrew]

Texas penal code chapter 46:

(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 [...]

No. That's not legal.

 

[ChunkyMonkey]

What the hell you need that for? Seems kind of obvious it is being designed as a weapon, so why even ask? Now, if you're like me with a lifted truck and carry a bigger jack for obvious reasons, those need a pole for its use.

 

[Rum Runner]

If you can legally carry a firearm in your car, why bring a club to a gunfight?

 

[Texan2]

Texas penal code chapter 46:

(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 [...]

No. That's not legal.

Anything else? Ok, put this one to bed....question answered.

 

[txinvestigator]

Texas penal code chapter 46:

(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 [...]

No. That's not legal.

That is a definition, not a law proscribing the carry of a club. It is legal to carry that in your motor vehicle or one under your control.

Texas Penal Code
Sec. 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.

 

[TangoUniform]

It is legal if it is being carried as a Tool. One example: it is stored in the trunk and fits over the jack handle to make it easier to remove lug nuts.

If you intend its use as a club then it is illegal as others have said. Just like a machete can be a weapon (Zombie terminator for those who hunt them) or a tool for hacking brush.

 

[JADB]

BAM!! TXI did it again. And BTW, 1/2" is too small. Need 3/4". FIts better in your hand.

 

[mkillebrew]

I completely neglected to read the motor vehicle part, thanks. Seems kind of pivotal to the question at hand.

 

[Tejano Scott]

Just get a d-cell maglite and problem is fully solved. You can easily whip as much ass with a mag lite as you could a pipe that size.

 

[Chupacabra Hunter]

Just get a d-cell maglite and problem is fully solved. You can easily whip as much ass with a mag lite as you could a pipe that size.

yup! I have one in my truck and in my wife's van..... for critters and such..... plus its a maglite. dual purpose.

 

[jtriron]

Thanks for the responses.
I do not plan on carrying a piece of pipe as a weapon, My G17 will do just fine.. Was asked this question by a young friend attending a major university here that is in a questionable part of the city.

 

[matefrio]

Baseball bat and glove. Got to be better alternatives out there than a led pipe ....

 

[txinvestigator]

It is legal if it is being carried as a Tool. One example: it is stored in the trunk and fits over the jack handle to make it easier to remove lug nuts.

If you intend its use as a club then it is illegal as others have said. Just like a machete can be a weapon (Zombie terminator for those who hunt them) or a tool for hacking brush.

None of that is accurate.

 

[TangoUniform]

None of that is accurate.

[FONT]What is not accurate? [/FONT]

 

[txinvestigator]

[FONT]What is not accurate? [/FONT]

ALL of it.

It is legal if it is being carried as a Tool.​

The law definition does not exclude one carried "as a tool" and neither does the law proscribing the carry of one. It matters not if you carry it as a tool.

One example: it is stored in the trunk and fits over the jack handle to make it easier to remove lug nuts.

Being stored in the trunk it is not on or about your person and would not be unlawful to have there, even if the law did not make it lawful to carry on or about your person in your vehicle.

If you intend its use as a club then it is illegal as others have said.

The law does not reference the "intent" of how you carry it.

Just like a machete can be a weapon (Zombie terminator for those who hunt them) or a tool for hacking brush.

A machete is an illegal knife, but it too can be carried inside of or directly enroute to your motor vehicle or one under your control lawfully. Nothing illegal about it. That said, outside of your premises or one under your control, or your motor vehicle or one under control there are only a few exceptions to carrying an illegal knife. None of those includes hacking brush. Unless hacking brush is a lawful hunting, fishing or other sporting activity.


​

Read post number 6 in this thread.

 

[TangoUniform]

ALL of it.

The law definition does not exclude one carried "as a tool" and neither does the law proscribing the carry of one. It matters not if you carry it as a tool. Being stored in the trunk it is not on or about your person and would not be unlawful to have there, even if the law did not make it lawful to carry on or about your person in your vehicle.

The law does not reference the "intent" of how you carry it. A machete is an illegal knife, but it too can be carried inside of or directly enroute to your motor vehicle or one under your control lawfully. Nothing illegal about it. That said, outside of your premises or one under your control, or your motor vehicle or one under control there are only a few exceptions to carrying an illegal knife. None of those includes hacking brush. Unless hacking brush is a lawful hunting, fishing or other sporting activity.


[/INDENT]
Read post number 6 in this thread.

Ahh I see.. I think you're reading way too much into my post and that's my fault. I’m not disagreeing with your interpretation of the law. My point is almost anything can be a weapon or a tool and should one be questioned about an items purpose, tool might be a good response. A judge or jury will decide its intent.


I believe that the law you quoted in post six is poorly written and has a flaw that the legislature needs to address:


“ (2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.”


I think “directly en route to a motor vehicle” should be “directly en route to or from a motor vehicle”

 

[txinvestigator]

Ahh I see.. I think you're reading way too much into my post and that's my fault. I’m not disagreeing with your interpretation of the law. My point is almost anything can be a weapon or a tool and should one be questioned about an items purpose, tool might be a good response. A judge or jury will decide its intent.


I believe that the law you quoted in post six is poorly written and has a flaw that the legislature needs to address:


“ (2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.”


I think “directly en route to a motor vehicle” should be “directly en route to or from a motor vehicle”

I apologize if I come across short or rude, don't mean to be. I have big, fat fumbly fingers and try to have to type as little as possible.


That said, tool and intent of use is irrelevant. Carry all you would like in the trunk, unless it is a prohibited weapon it is not unlawful there.

 

[London]

When I was a teenager and couldn't afford firearms I used to ride with a hydraulic jack in the trunk and the handle in the front, wedged between my seat and console. I had a lead foot in those days (gas was only $1.25) and got pulled over frequently. Not once did a cop care about it, and some of them were very obviously on "Fishing expeditions." I always planned on saying I changed a tire and forgot to stick it in the trunk if I was questioned about it. Never had to. Something to consider.

Kinda crazy that it's easier to avoid any legal confusion by just riding with a gun, but there's no rule that says the law has to make sense.

 

[TheDan]

A baseball bat is just sports equipment.
A big wrench is just a tool.
A tire iron is just a normal car accessory.