I live in texas, near houston, and was driving around saturday night, enjoying the night air, and for no apparent reason I was pulled over and searched. The police found an extendable baton I had in my trunk, which in all honesty I had completely forgotten was there, and they said it was illegal and arrested me.
Having several friends who are police officers (and dept. sheriffs as well), I know that it's not illegal to have in your vehicle as long as it's not "on or about your person" which being in the trunk, and being not accesible from the inside of a miata, could in no way be considered "on or about" my person.
This is a series of entries from the Texas State Penal Code:
Another discrepency is that according to the Texas State Penal Code (46.02. (b)) it is a Class A Misedemeanor, but I was charged with a Class B. I have to appear in court Friday to settle this and tommorow I meet with my attorney.
I guess really the reason I am posting this is two fold, one to make sure I have not misunderstood the law, and two so that in the event I have not, you all will let me know.
Thanks in advance,
Jacob
Having several friends who are police officers (and dept. sheriffs as well), I know that it's not illegal to have in your vehicle as long as it's not "on or about your person" which being in the trunk, and being not accesible from the inside of a miata, could in no way be considered "on or about" my person.
This is a series of entries from the Texas State Penal Code:
The baton, or club, was locked in the trunk of my car, and I was driving around. I am not a member of a gang, I can legally own a gun, I do not own a pistol, and as far as I know I wasn't even speeding. But that didn't stop the rookie cop (who I found out later had only been in a patrol car for three weeks), from arresting me and making me post a $1000 bail.§ 46.01. DEFINITIONS.
(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 the the instrument, and includes but is not limited to the following:
(A) blackjack;
(B) nightstick;
(C) mace;
(D) tomahawk;
§ 46.02. UNLWAFUL 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.
Historical and Statutory Notes
19. A pistol in a hand bag placed between the seats on the floor of automobile was on or about the driver's person in violation of this article; “about” meaning near by, close at hand, convenient of access, and within such a distance of the party so having it as that such party could, without materially changing his position, get his hand on it. Welch v. State (Cr.App. 1924) 97 Tex.Crim. 617, 262 S.W. 485.
§ 46.15. NONAPPLICABILITY.
(b) Section 46.02 does not apply to a person who:
(3)is traveling;
Text of subsec. (i) as added by Acts 2005, 79th leg., ch. 288, § 1
(i)for the purposes of Subsection (b)(3), a person is presumed to be traveling if the person is:
(1)in a private motor vehicle;
(2)not otherwise engaged in a criminal activity, other that a Class C; Misdemeanor that is a violation of the law or ordinance regulating traffic;
(3)not otherwise prohibited by law from possessing a firearm;
(4)not a member of a criminal street gang, as defined by Section 71.01; and
(5)not carrying a handgun in plain view
Another discrepency is that according to the Texas State Penal Code (46.02. (b)) it is a Class A Misedemeanor, but I was charged with a Class B. I have to appear in court Friday to settle this and tommorow I meet with my attorney.
I guess really the reason I am posting this is two fold, one to make sure I have not misunderstood the law, and two so that in the event I have not, you all will let me know.
Thanks in advance,
Jacob