Is this legal?

[Bithabus]

This was about 3 years ago. I was told that suspected gang members were being arrested for bats, because that was their attempt to have a weapon and to try and get away with it when stopped by uniformed officers. I was told that they were arresting people in Dallas county for having baseball bats and being prosecuted.

Would this happen to a soccer mom? Probably not...

That must have been prior to the change made to 46.02 in 2007. Even then there was a presumption of traveling in place, but some DAs chose to ignore it. According to the current law anyone can have a club in his car (but of course an unmodified bat isn't a club).

 

[txinvestigator]

That must have been prior to the change made to 46.02 in 2007. Even then there was a presumption of traveling in place, but some DAs chose to ignore it. According to the current law anyone can have a club in his car (but of course an unmodified bat isn't a club).

He is saying the DA called bats "prohibited weapons".

 

[ROGER4314]

T Ball bats or golf clubs make dandy ass whuppers and you won't get in trouble for having them in your vehicle.

Flash

 

[shipwreck]

Well, 1 of the points they made (and like I said, this was probably 3-4 years ago), was that the gang bangers had figured out that they could keep bats for weapons. So, the police changed tactics and started arresting people, depending on the circumstances.

 

[Charlie]

The bottom line is what transpires between the law enforcement officer and the citizen at the point of contact. I always get a chuckle out of the comment.............."they can't arrest you for that!"

 

[Bithabus]

He is saying the DA called bats "prohibited weapons".

I know. Obviously that's incorrect, but maybe the DA was using the term colloquially or something got lost in translation.

 

[M. Sage]

T Ball bats or golf clubs make dandy ass whuppers and you won't get in trouble for having them in your vehicle.

Flash

Meh. You have to wind up to swing it. When they wind up, step forward. You might get a bruise like you would if he punched you, but there's no power up close. If you keep a fast knife on you, the other guy is in deep dookie.

 

[ROGER4314]

You have to wind up to swing it. When they wind up, step forward.

The training in combat canes teaches only a small number of strikes by swinging the cane. Most of the strikes are pokes. In fact, they say "If they grab the cane......give it to them" (poke). A poke to the eye, mouth or throat is really gonna hurt! I use crutch tips that slip on over the Oak or Hickory cane end and can be removed quickly.

By nature, most folks go for a big club and they move too slowly. The "T" ball bat is short, light and fast.

Flash

 

[shipwreck]

I know. Obviously that's incorrect, but maybe the DA was using the term colloquially or something got lost in translation.

No, NOT incorrect. I am a probation officer. It was a training session but put on by the DA's office. IT was about prohibited weapons. Believe what you want, I've repeated myself like 4 or 5 times now.

 

[TexasRedneck]

It could well be the DA considers 'em "prohibited". Not to worry - he'll figger it out when someone appeals on him....

 

[Bithabus]

No, NOT incorrect. I am a probation officer. It was a training session but put on by the DA's office. IT was about prohibited weapons. Believe what you want, I've repeated myself like 4 or 5 times now.

Repeating an incorrect statement does not make it correct. A "prohibited weapon" is something specific in Texas. It does not mean "a weapon that is illegal to carry". This is the list of prohibited weapons:

Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
(4) a firearm silencer;
(5) a switchblade knife;
(6) knuckles;
(7) armor-piercing ammunition;
(8) a chemical dispensing device; or
(9) a zip gun.
(b) It is a defense to prosecution under this section that the actor's conduct was incidental to the performance of official duty by the armed forces or national guard, a governmental law enforcement agency, or a correctional facility.
(c) It is a defense to prosecution under this section that the actor's possession was pursuant to registration pursuant to the National Firearms Act, as amended.
(d) It is an affirmative defense to prosecution under this section that the actor's conduct:
(1) was incidental to dealing with a switchblade knife, springblade knife, or short-barrel firearm solely as an antique or curio; or
(2) was incidental to dealing with armor-piercing ammunition solely for the purpose of making the ammunition available to an organization, agency, or institution listed in Subsection (b).
(e) An offense under this section is a felony of the third degree unless it is committed under Subsection (a)(5) or (a)(6), in which event, it is a Class A misdemeanor.
(f) It is a defense to prosecution under this section for the possession of a chemical dispensing device that the actor is a security officer and has received training on the use of the chemical dispensing device by a training program that is:
(1) provided by the Commission on Law Enforcement Officer Standards and Education; or
(2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety.
(g) In Subsection (f), "security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code.

 

[ROGER4314]

An LEO can arrest you for any damned thing he/she chooses to bust you for ....even a T ball bat or a golf club. Whether you get convicted is another matter entirely but even if you win, you still have to pay big bucks to defend yourself. "You can beat the rap.....but you won't beat the ride" applies here. They will haul your butt into the lockup if they want to.

Get mouthy with a cop and he/she gets the attitude: "I will find a way to make you unhappy." You will lose.

Flash

 

[ArielT]

(6) knuckles;

I know what they mean, but this is still amusing.

 

[fenster700]

Looks like I am a little late to this party but my .02 if I may? There are a lot of variables at play here but for the most part the if person in question, i.e. whom ever maybe carrying the tool/weapon in question is polite and respectful they can get away with a considerable amount. Especially if that person is female. Obviously a lot depends on the LEO. Before my wife and I got our CHL she would carry a big 1 1/4 box wrench in her car as she worked nights and was a bet concerned. She has carried other items and asked me about the legality of carrying such items. I would simply tell her that more than likely she would not get arrested for it. As the sole purpose is for self defense should the situation arise. Now on the other side of the coin you have some seedy guys in a car "bumpin" rap at 2a.m. with a trunk full of "sports equipment" it is highly suspect to say the least. It is highly unlikely they just came from a midnight softball game. So all in all majority of it depends on the person and the way they present themselves.
On a side note I had a LEO tell me this once "I really feel bad for arresting you, you are polite and helpful but you have a warrant so I have to."

 

[indpendnt]

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.

I didn't bother reading all 3 pages of the rest of this thread... I see no reason that a person couldn't carry a 'cheater bar' in their truck for the purposes of changing a flat tire or release tension on a belt pully. The grip tape is simply applied to ensure your hands don't slip while working on a vehical on the side of the road - which is already dangerous enough as it is...
I keep just such a 2' steel pipe in my truck right near the tire iron, jack and tool kit. I've been stopped - truck searched - this is what I told the nice officer - nice officer gave me a funny look - snickered - and walked away... (He did give me a warning for my expired inspection sticker... As I said he was a nice officer...)

[EDIT] On another note, I'd like to point out that I have used said pipe on several occations - never as a weapon - always as a cheater bar - the damn thing really comes in handy some times...

 

[Texastransplant]

Just have a 18" piece of 3/4 or 1 inch pipe and an 18" pipe wrench. They can't stop you from fixing your or a friends plumbing.

 

[brocknchrist]

Just have a 18" piece of 3/4 or 1 inch pipe and an 18" pipe wrench. They can't stop you from fixing your or a friends plumbing.

Ten four on that one..

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