Legality of conceil carrying an ASP in Texas


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Poboy
March 21, 2003, 12:50 PM
What's the rule on this here in Texas? I do have a Texas issued CCW.

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Aggie1
March 21, 2003, 01:02 PM
Your CHL does not cover carrying an asp. As far as I know only the PoPo can carry them.

JohnKSa
March 23, 2003, 01:20 AM
That is correct. Your CHL is ONLY good for what it says. Handguns.

All other illegal weapons are still illegal weapons. That list includes but is not limited to:

Clubs
Machine Guns
Double-Edged knives
Knives having a blade over 5.5"
Handguns (except for CHL holders)
Brass Knuckles (some knives with full hand guards qualify as brass knuckles even if the blade is within the limit)
Switchblades
Bowie-Style Knives (??? whatever that means)
Throwing knives
Gravity Knives (Blade is deployed by centrifugal force)
Throwing stars
Nun chukas

Double Naught Spy
March 23, 2003, 09:21 AM
Poboy, I am surprised. If you have a Texas issued 'ccw' (or what is properly called a Concealed Handgun License or CHL) then you have had the instruction, given a copy of the law, and made aware of the DPS's web page pertaining to CHL laws. You should absolutely know that CHL ONLY pertain to handguns, hence why it is the concealed HANDGUN license and not a CCW or CWP. In other words, having a CHL has zero relevance to other items for carry.

Having the CHL is nice in that it says you are a card carrying good guy who has no officially known criminal history or insanity and it lets you carry a concealed handgun many places. That might chance if you carry an ASP and you are not an LEO or security officer allowed to carry one (by license, I believe).

El Tejon
March 23, 2003, 03:12 PM
Man, that anti-club law down in Tejas always makes me flinch. If the antis wanted to get cute, all they would have to do is start prosecuting people in one county for carrying pistols legally. Would devastate the CHL reform overnight.:(

rebbryan
March 23, 2003, 04:37 PM
Bowie-Style Knives (??? whatever that means)

knives with the blade going over your fingers, they're big in alaska for some reason

i carry an asp in my truck b/c i can't carry a gun yet, sometimes you need something longer than a knife

JohnKSa
March 23, 2003, 10:07 PM
Man, that anti-club law down in Tejas always makes me flinch. If the antis wanted to get cute, all they would have to do is start prosecuting people in one county for carrying pistols legally. Would devastate the CHL reform overnight.

You lost me on this one. I can't make the connection between clubs and prosecuting people for legally carrying pistols. :confused:

rebbryan,

Try a large flashlight. It's not quite as quick, but there's no question of legality.

LeonCarr
March 23, 2003, 11:09 PM
A Peace Officer in Texas may carry an ASP Baton (defined in the Texas Penal Code as a Club) concealed, but CHL holders cannot. For better clarification of the law, check Chapter 46 of the Texas Penal Code.

Just my .02,
LeonCarr

El Tejon
March 24, 2003, 08:08 AM
John, look at the disjunctive definition of "clubs" under Tejas law. Could be used, yikes.

(Putting on red hat) If I wanted to abolish the CHL reform in Texas, this is where I would attack.

Double Naught Spy
March 24, 2003, 09:12 AM
El Tejon, I am sure somebody has already tried that route and failed.

El Tejon
March 24, 2003, 09:39 AM
00, really? Where? I'll run a search (just case law, I know).

If so, I'm glad. That definition is wide open--darn lawyers.

Poboy
March 24, 2003, 10:00 AM
Well I didn't know it was so important to use the proper ackronym here, but your probably right. I chose to use the CCW as it seems this it more identifiable to the public at large. However they don't go over all the laws you speak of in the CHL classs, instead they focus on the who, what, where, when of handgun carry and use, hince me asking about the ASP.

Anthony
March 28, 2003, 12:19 PM
Hi Poboy,

I've been pursuing this for years since I got my Texas CHL in 1995. As I study the heavily stick based Filipino martial art known as Modern Arnis you can understand my interest.

After talking with the Department of Public Safety and Gary Patterson, the original sponsor of the original CHL bill, I know conclusively that we can't carry an ASP legally. Mr. Patterson told me the reason they did not make the original bill a CCW was because they wanted to minimize any opposition that might exist to it. In their view that provision could be added at a later date. It is my hope that this will change at some point.

To comply with the law I simply carry a single darkly colored escrimia stick made out of hickory when I go out. It is about 26 inches long and an inch thick. This rougly equates the rattan sticks we use in Arnis as well as the F-26 ASP baton. Yet it looks like a walking stick since it has no surface features of a club. It is literally a stick, but the hickory is the same wood used to construct billy clubs. In the real world of combat the difference is moot.

Granted you can't carry it everywhere, but if asked I simply say I was chased by a large dog once and use it when I go for walks in the park several days a week for exercise. It also escapes notice when riding the train to work. If a police officer stopped me during a traffic stop I would say the same thing.

Most importantly if I can use the stick and avoid killing or maiming someone because I only had a firearm available to me all the better.

If you're interested in getting such a stick give the following link a click. I own several sticks from them and can vouch for their quality and customer service. They do custom materials and lengths as well.

www.akearmory.com

PM me should you have any further questions.

- Anthony

brownie0486
March 28, 2003, 02:31 PM
Learn the cane.
It CAN be carried everywhere, transitions to your stick work really well and no one will ever ask to take it away from you.

It is still one of four items not banned from boarding a plane without putting it in your checked baggage.

I have trained with the sticks since 81. After 9-11 I transitioned to carrying the cane when necessary due to scrituny by others unnecessarily. I'm not arab looking by any means as I'm of Irish descent and features. Still get looked over real close all the time while the arab looking ones get ushered right through for fear they might claim "profiling".

Security in this country is a joke. My cane insures if the security measures they "supposedly" have in place to prevent things like that happening again does happen, I'm not unarmed completely.


Brownie

Poboy
March 31, 2003, 05:06 PM
The non-lethal option is exactly what I am looking for. My neighborhood has been over run with late year teenagers who have taken to sniffing spray paint cans as they post there wannabe gang symbols on a white barrier wall next to the supermarket. They have also been ripping the symbols off peoples cars and throwing cinder blocks through car windows if they think the owners of those cars called the police on them earlier. The police have been called regularly but they just run and hide in a neighbors house till they leave. I carry a Glock 32 but I don't want to use that unless I feel like my life is in danger, and being kids they don't necessary understand how serious the effects of their vandalism could be(being shot legally in the state of Texas). However, I feel if I do catch them vandalizing my property a whack or two with the asp might show them the error of their ways.

AJ Dual
March 31, 2003, 06:12 PM
Is it any carry of an ASP that's illegal, or carrying a concealed ASP?

You could carry the ASP unconcealed, and buy the little LED light that replaces the base cap.

If anyone gives it a funny look, just unclip it, and turn the light on.

Otherwise, Mag-Lite makes 6 cell "C" and "D" battery lights that are pretty long, and you can carry that unconcealed with the belt ring.

CleverNickname
March 31, 2003, 06:25 PM
From the TX state website:

ยง 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.

Either way is out.

carpettbaggerr
November 14, 2003, 05:59 PM
You could carry the ASP unconcealed, and buy the little LED light that replaces the base cap. ''

Yeah, it's not a baton, it's a flashlight. Nobody looks at it twice. The LED lights are pretty bright too.

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