No, the definition of a club is in the Blacks Law dictionary.
Unless specifically stated so in the statutes cops are not exempt from any laws in the states they reside.
Many jurisdictions allow cops to "carry on the badge" and some do not even have weapons permits like civilians need for when they aren't on duty.
Again, cops obey all the laws we "civilians" do unless specifically listed in that statute.
In my state the cops think they exempt from auto knife laws and can carry an auto opener. WRONG--because they believe they can, and do, or because they aren't held to task or charged for that action does not mean they are exempt.
What people think the cops can do because they see them do it and what they can do lawfully by statute are two different animals in most cases.
So yes, I think about what I write and know quite a bit having been an LE for 9 years on two depts. and having been through the academy. We are subject to the general laws as all others are with FEW exceptions which are clearly spelled out.
I've gone round and round about this with cops over the years and when the statutes are brought out and attys: contacted they learn that they have been in violation of the very laws they enforce on others.
"of course cops are exempt from the laws"?
Unless you can show me the exemption within the statute we are discussing I'd be inclined to believe they are not exempt.
There are actually very few exemptions for LE and of course there are some but they are clearly spelled out in the pertinent statute.
The Texas statute says "nightstick", not stick. A nightstick is not a stick off the ground or a dowel you buy at the hardware store. Not that a DA would not charge you but then you can always be charged with anything they want to try you for and they do this frequently actually figuring they'll let the jury decide.
On another note--if a stick were illegal could you carry a cane around in public? What is a cane? a stick with a curve at the end.
The nature of the statute does not infer a "stick" per se. Can it be interpreted that way, yes, but that does not make the inference correct or lawful.
It borders on the ridiculous that a stick be considered a dangerous weapon in and of itself. If that were true the stick I throw the dog at the beach would be a deadly weapon and I could be charged with possessing same? Come on folks, it's not the stick we are talking about but how it was used that may be a crime. The act of picking up a stick on the ground is not illegal and someone would be hard pressed to prove the lawmakers in that state meant it to mean that literally.
I can see it now, granny out with fido in the front yard playing retrieve the stick and is arrest by a passing officer under their dangerous weapons statutes. Yup, thats what you got there, a granny gone wild with a stick [ deadly weapon].
Not so--ya, I think about what I write. Some fact from case law and alot of common sense about what the laws intent was written for.
The statue read--"(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, and includes but is not limited to the following:
(A) blackjack;
(B) nightstick;
(C) mace;
(D) tomahawk.
It says "specifically designed". Did nature specifically design it's trees to create bludgeoning devices [ sticks ]? A stick on the ground which could be used for defense or dowel, curtain rod etc was not specifically designed for the purpose of inflicting serious bodily injury. It includes these items specifically but does not linit the law to them.
Now we get to where the law goes from there. The cops nightstick was specifically designed for whacking people, the civilians can't have one in their possesion in public or use same by statute.
Again, show me where a "stick" is against the law as written and put up here on this post. I see no wording mentioning "stick" . do see nightstick but that is a device specifically designed to inflict injury which the statute mentions.
A little common sense goes a long way.
Brownie
