Texas Expandable Baton Laws

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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 or watercraft that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
(a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

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Jul 15, 2010
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Own versus carry in Texas
by: Anonymous

Texas Expandable Baton Laws

These laws are nice to have. Thank you.

However, it is somewhat unclear if the weapon itself is illegal to own or merely illegal to carry in public. Could I buy and own an expandable baton for home defense?



-- Hello,
the way the Texas law reads it is likely you are able to own an expandable baton as long as you do not carry it. There are no laws restricting the sale of expandable batons to you in Texas so keeping an expandable baton in your home should not be a problem.

To be safe, I highly suggest contacting your local police department for clarification just to be sure.

Andy
www.My-Self-defense.com

Dec 12, 2010
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Unarmed Security Guard Expandable Baton Laws
by: Anonymous

Great information. Thanks. I have one question. Can a unarmed security guard carry one?

Hello,

A unarmed security guard likely can not carry a expandable baton. Most states have certification requirements - if you are employed by a security company you may want to ask them. In Pennsylvania you need to be certified for nearly any device carried including hand cuffs, pepper spray and batons.

Feb 19, 2011
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Texas Expandable Baton Laws for Security Guards of Fraternal Organizations
by: mepistolera

Do You know if these laws apply to someone working security for a fraternal organization? I know that in Texas some TABC laws that apply to a bar/club don't necessarily apply to a fraternal organization such as a VFW or an American Legion etc.,but i cannot find any info about this on the net.

--Hello,
I am not sure how the law may be different for a fraternal organization's security. I would likely call a few local security guard companies and ask if their guards are baton certified. If you find out they are, I would suggest certifying your guards also before allowing them to carry the batons.
Your organizations attorneys may be the best place to find out this information. I would not arm security for any company or organization without speaking to an attorney. If someone would be injured or killed by the guard due to lack of training the impact to the organization could be devastating.

Nov 16, 2011
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Security Officer/Guard Baton Laws
by: Anonymous

If you are a security officer, do you have the right to carry an expandable baton without a license? Is there a new law regarding that?

--Hello,
I do not know. If you are a security officer then you can speak to your boss and they can likely provide a legal answer for you. If they don't know, they likely will know where to find out. I am pretty sure most security companies require you receive training and a permit to carry an expandable baton and most other security tools while on the job.

Feb 17, 2012
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CHL holder & Vehicles - Texas Expandable Baton Laws
by: Taylor C.

Hi--

Thanks for the information. I have two questions:

1) Can I carry a baton if I own a CHL (concealed handgun license) in Texas? Pretty sure the answer is no; and
2) Can I store a baton in my vehicle If my intent is to protect myself and/or my property under the auspices of the Castle Doctrine (which I understand extends to your car)?

Thanks

-Taylor C.


----
Taylor,

Your laws are very similar to ours here in Pennsylvania. In PA a concealed handgun licence will not allow you to carry a expandable baton. I am pretty sure the same is true for Texas. Perhaps another visitor to my site will have a definite answer to this question.

Dealing with expandable batons in a vehicle, the law simply is not clear in what you can and can not do with an expandable baton. I do carry one in my vehicle and it likely will never be a problem unless I use it.

To be safe, contact an attorney as I can not be sure. You may also ask local law enforcement, but they were of little help when I asked here at my local station.

-Andy

Feb 29, 2012
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Buying an expandable baton online.
by: Tom

Hello, do you know wether it is legal to buy a expandable baton online, from a website like amazon?

Thanks


-----------------------

Buying a expandable baton on Amazon is legal. California is the only state that I am aware of that you can NOT order an expandable baton. Normally if there is a problem shipping to your state, it will say so in the description.


----Andy (Admin)

Please note that this is NOT legal advice and it is always best to contact legal council for any and all legal advice.

Feb 18, 2014
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Licensed Securtiy Instructor.
by: Comfort Care

A licensed Level 2 Non Commissioned security officer cannot carry a baton at all. They must be a level 3 Commissioned Security officer, and then still receive the proper training and documentation.

May 01, 2014
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Read the Texas code
by: Clint

People get confused because they read someone's synopsis or a truncated quote from the code. The baton/handgun/illegal knife is illegal to carry, unless you are on your premises, vehicle, or directly en route between them. Don't ask the police for advice... the only way to know the law is to *read it*.

Here is an unedited quote from the 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 or watercraft that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
(a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

Nov 16, 2014
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Self Defence
by: Tyler

I live in San Antonio and have to go downtown frequently so I need to ask. Is it illegal for me to carry a expandable baton for self defense or do I need a permit? If I need a permit what kind?

Jun 08, 2015
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Permit?
by: Anonymous

The previous poster made it abundantly clear that you may not carry one around as personal defence, however does anyone here know if there is a permit or license available to allow this. Obviously concealed handgun license does not cover this, so what does? i have kids so id rather carry one of these and pepper spray than a firearm.

Jul 23, 2015
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Please update or delete.
by: Anonymous

You need to update this page. The law quoted at the top is truncated, incomplete, and therefore misleading.




Admin - This has been updated

Aug 03, 2015
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Baton
by: Anonymous

I had the same question,I just got off the phone with my local police department and was told it is legal to carry as long as it's not in plain sight and you inform the officer that you have it and where it is if you get pulled over. It falls under the same law as caring a fire arm in your vehicle

Sep 09, 2015
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Carrying of a Weapon by TX CHL Holder
by: JL

Sec. 46.15. NONAPPLICABILITY.(b) Section 46.02 does not apply to a person who:

(6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun;

46.15(b)(6)States that 46.02 DOES NOT APPLY to a CHL holder while carrying their CHL and a firearm!

Pretty cut and dry!

Enjoy everyone!




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