I just bought a porcupine style flash light. I was planning on keeping it in my car and was concerned about the laws in Texas. Anyone have any information about this?
I just bought a porcupine style flash light. I was planning on keeping it in my car and was concerned about the laws in Texas. Anyone have any information about this?
It's Texas, you can probably have a flashlight with a bayonet that shoots batteries...
Google "Texas Castle Law".
If you are in imminent danger, you can do anything to protect yourself.
Texas law forbids carrying "clubs." Clubs can mean anything the cop and DA want it to. Sort of like "burglar tools."
The "Castle" law isn't quite that simple, either. You usually have to be in your home or car and someone must be making an illegal entry before it applies.
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If you live in Texas you probably will not have a problem. If you should decide to move you may have a problem but it will probably be worth it.
Can you post a picture of a "porcupine style" flashlight?
Thanks guys. I'll post pics when it's done. Just ordered all the parts.
I think in Texas you are ok as long as you have a gun attached to your flashlight![]()
Speaking as an officer in the great state of Texas, your fine. You would be hard pressed to find an agency that would give you any grief over that particular light set up. Being a flashaholic myself I have never seen any incidents involving "self defense" lights. You'll be fine. After all, you can carry a pistol in your car loaded as long as its not in plain view.....I'm sure you will be ok. What part of TX you living in?
Don't run your mouth without knowing the "facts". Direct from the Texas DPS website, posted in Sept. 2007:
HB 1815
excludes from unlawful carrying of a weapon a person who is carrying a handgun,
illegal knife, or club on the person’s own premises or premises under their control or inside of or
directly en route to a motor vehicle that is owned by the person or is under their control.
Paladin
ETA:http://www.rc123.com/texas_castle_doctrine.html
Last edited by Paladin; 01-17-2010 at 08:55 PM. Reason: add reference
Qui Me Tangit Paenitebit (he who touches me will repent)
You're right, you can carry a club in your car. You can't carry it in general. If you get out of the car and use the "club" light to check a tire or assist someone else, you are technically in violation.
If you'll notice, HB 1815 permits you to carry a club to your car, but it doesn't permit you to take it from your car back to your house. It also doesn't allow you to carry it to your wife's car if you're not the one driving.
By the way,
1) God bless our Texas legislature for passing the "castle" law.
2) It's not quite the "shoot the bad guys" law some people think it is. READ the law. For instance, if someone's breaking into your car and you see them from your house, you don't have free reign to shoot them. You also don't necessarily have the right to shoot someone in your house unless they entered "unlawfully and with force."
If you are in the right, it doesn't matter what the 'law' is.
See jury nullification.
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What, exactly, do you mean--a flashlight with retractable spikes, like this K2?
My lights, all AA, neutral or warm: 3 Fenix TK20s; 2 Malkoff M30WFs; 2 Shiningbeam Romisens (5A); Dereelight XP-G R5 (close enough); UK 4AA incan.
This is a porcupine-style light (a.k.a. pocket shredder, lol):
http://www.cpfmarketplace.com/mp/sho...d.php?t=211416
~Brian
excludes from unlawful carrying of a weapon a person who is carrying a handgun,
illegal knife, or club on the person’s own premises or premises under their control or inside of or
directly en route to a motor vehicle that is owned by the person or is under their control.
I'm curious about what this means exactly.
I guess that article doesn't apply to people with any kind of carry permit. However, I thought in Texas you didn't need a permit to open carry, only to conceal carry.
Oh well, it doesn't matter. Good luck finding a cop who actually cares about a flashlight with pointed ends. It's not really a club. It's a small light with sharp end.
Once again, pure BS. HB1815 specifically says from your home to car is legal. Why the off-topic naysaying? The OP wants to keep the light in his car.
And as others have mentioned, in a state that allows handguns, rifles, and shotguns (and clubs and knives) to be in one's vehicle you will have a hard time finding a LEO who would hassle you for using a club to check one's tires which long haul truckers in every state do on a regular basis. If a bonafide self defense issue arises they will be amazed that a firearm was not used.
I keep an axe, shovel, machete, logging chain, knives, flashlights and often as not a firearm, etc. in my vehicle. Even back before the extension of castle doctrine to one's vehicle I have been stopped while "traveling" with a loaded Colt 1911 on the drivers floorboard. On one stop the DPS officer asked to sit in my car because she had considered buying the same model. She experienced the leg room, looked down at the 1911, got out and told me to have a nice day. The vast majority of LEO's are honorable and not interested in making up reasons to hassle motorists.
Paladin
Qui Me Tangit Paenitebit (he who touches me will repent)
Spit out my drink on that one!
As a kid, I used to fly down 3 times a year to Houston TX to visit my family.....While my mother and brother would be at work, I would spend the afternoons at pawn shops hunting out used rare CD's and such.
Of course, all the pawn shops had gun cases, and at almost every single shop, when they'd see me checking out the hardware, even the Class 3 stuff, they'd offer for me to handle it, in the store.
I'll never forget...I was about 16 or 17 at the time (late 80's), and there was a fight between two mexican dudes in the front of this pawn shop. The guy had been showing me this a NIB (or damn close) IntraTec Tec-9, Full Auto. He sees the two beating each other, grabs a bat, hands me the Tec 9, and says "watch this for me for a minute, son".
15 minutes later, after the cops had come and one of the 2 was ambulance material, he came back, in thanked me for "keeping an eye on the gun case" (I didn't, but was alone), and let me take the stack of CD's in my hand for $20.
This all is off-topic, but if anyone hasn't experienced full-on TEXAS, yes, a bayonetted flashlight that shot exploding batteries would probably be legal, and definitely be available with pearled handles and a place to hold a beer, in TX.
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As a native Texan and long-time member of the "First Liar Doesn't Have a Chance" club, I'll affirm that the majority of our law enforcement officers, especially out here in the rural areas, are more likely to compare weapons with you than hassle you as long as you show reasonable evidence of living brain cells.
I'm confidant that flashlights, even with agressive bezels, would not be a problem around here.
If you have a flashlight with a bayonet that shoots venting batteries that explode, any Texas cop would want to know where to get one for him/herself so they can replace their flash bang and tear gas grenades and launcher with a more compact, all in one weapon.
Like Dave Keith said and I stated before, good luck finding an LEO that would hassle you. And the comment made about comparing weapons well your right...done it before!!
Maybe our weapon laws (or lack there of) would convince some of you non-Texans to move on in...
Regards
IANAL
In general, carrying a handgun in Texas is illegal. Concealed or open does not matter. The law basically makes carrying a handgun [edit- corrected from "club" to "handgun"] illegal, then throws in some exceptions. On your own premises, in your own car, if you have a concealed handgun license, etc. If you're inside your own car, you can carry, but only if the gun is concealed.
I don't see anything that would classify the "porcupine" light shown above as a club. Of course, they could claim your Maglite is a club.
In theory, you can carry a long gun in Texas, with some exceptions. Concealed or open doesn't matter. They can harass you by claiming that having it in plain view consisted of "brandishing" it or some such BS.
The Texas penal code is available online if you're sufficiently interested. Of course, the actual interpretation and practice of law is much more complicated than the actual text of the law.
Some of the jurisdictions in Texas have screwball commie lib police chiefs and politicians. The Houston DA some time back decided he would simply ignore some of the laws about concealed carry in the car and have you arrested anyway and make you fight it out in court.
Last edited by Apollo Cree; 01-20-2010 at 11:38 AM.