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Thread: Self defense flash light laws in Texas

  1. #1

    Default Self defense flash light laws in Texas

    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?

  2. #2

    Default Re: Self defense flash light laws in Texas

    It's Texas, you can probably have a flashlight with a bayonet that shoots batteries...

  3. #3
    Flashaholic* Search's Avatar
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    Default Re: Self defense flash light laws in Texas

    Google "Texas Castle Law".

    If you are in imminent danger, you can do anything to protect yourself.


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    Flashaholic Apollo Cree's Avatar
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    Default Re: Self defense flash light laws in Texas

    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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    Flashaholic* bluecrow76's Avatar
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    Crackup Re: Self defense flash light laws in Texas

    Quote Originally Posted by Ajax517 View Post
    It's Texas, you can probably have a flashlight with a bayonet that shoots batteries...
    That was the best laugh I've had all week... Thanks!
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    Flashaholic* Search's Avatar
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    Default Re: Self defense flash light laws in Texas

    Quote Originally Posted by Apollo Cree View Post
    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.
    I was trying to keep public and private setting separated.


  7. #7

    Default Re: Self defense flash light laws in Texas

    Quote Originally Posted by Ajax517 View Post
    It's Texas, you can probably have a flashlight with a bayonet that shoots batteries...
    Make one, and ask a cop in Texas if you can use it to shoot someone in self-defense. I bet his answer will be "Sure, fire."

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    Default Re: Self defense flash light laws in Texas

    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?

  9. #9

    Default Re: Self defense flash light laws in Texas

    Thanks guys. I'll post pics when it's done. Just ordered all the parts.

  10. #10
    Enlightened kccustom's Avatar
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    Default Re: Self defense flash light laws in Texas

    I think in Texas you are ok as long as you have a gun attached to your flashlight

  11. #11
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    Default Re: Self defense flash light laws in Texas

    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?

  12. #12

    Default Re: Self defense flash light laws in Texas

    Quote Originally Posted by Apollo Cree View Post
    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.
    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 10:55 PM. Reason: add reference
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    Flashaholic Apollo Cree's Avatar
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    Default Re: Self defense flash light laws in Texas

    Quote Originally Posted by Paladin View Post
    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 personís 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.

    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.

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    Flashaholic Apollo Cree's Avatar
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    Default Re: Self defense flash light laws in Texas

    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."

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    Default Re: Self defense flash light laws in Texas

    If you are in the right, it doesn't matter what the 'law' is.
    See jury nullification.
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    Flashaholic* Paul_in_Maryland's Avatar
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    Default Re: What's a porcupine-style flashlight?

    Quote Originally Posted by wrxzzz View Post
    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?
    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.

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    Flashaholic Apollo Cree's Avatar
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    Default Re: Self defense flash light laws in Texas

    Quote Originally Posted by MichaelW View Post
    If you are in the right, it doesn't matter what the 'law' is.
    See jury nullification.
    That can cost money, jail time, hassles, and the risk of a wrong verdict.

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    Default Re: What's a porcupine-style flashlight?

    Quote Originally Posted by Paul_in_Maryland View Post
    What, exactly, do you mean--a flashlight with retractable spikes, like this K2?
    This is a porcupine-style light (a.k.a. pocket shredder, lol):

    http://www.cpfmarketplace.com/mp/sho...d.php?t=211416

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    Flashaholic* Search's Avatar
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    Default Re: Self defense flash light laws in Texas

    excludes from unlawful carrying of a weapon a person who is carrying a handgun,
    illegal knife, or club on the personís 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.


  20. #20
    Flashaholic* computernut's Avatar
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    Default Re: Self defense flash light laws in Texas

    Quote Originally Posted by Search View Post
    excludes from unlawful carrying of a weapon a person who is carrying a handgun,
    illegal knife, or club on the personís 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.
    Probably means a rental or place that you live that you don't own.

  21. #21
    Flashaholic* Search's Avatar
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    Default Re: Self defense flash light laws in Texas

    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.


  22. #22

    Default Re: Self defense flash light laws in Texas

    Quote Originally Posted by Apollo Cree View Post
    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.
    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)

  23. #23
    Enlightened
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    Default Re: Self defense flash light laws in Texas

    Quote Originally Posted by Ajax517 View Post
    It's Texas, you can probably have a flashlight with a bayonet that shoots batteries...
    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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  24. #24

    Default Re: Self defense flash light laws in Texas

    Quote Originally Posted by Ajax517 View Post
    It's Texas, you can probably have a flashlight with a bayonet that shoots batteries...
    If you don't get away with this, wouldn't you be charged with assault with a battery?

  25. #25
    Flashaholic Dave Keith's Avatar
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    Default Re: Self defense flash light laws in Texas

    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.

  26. #26

    Default Re: Self defense flash light laws in Texas

    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.

  27. #27
    Flashaholic
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    Default Re: Self defense flash light laws in Texas

    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

  28. #28
    Flashaholic* Search's Avatar
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    Default Re: Self defense flash light laws in Texas

    Quote Originally Posted by CDP930 View Post
    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
    Thought about it, however Tennessee isn't that much different.


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    Default Re: Self defense flash light laws in Texas

    Quote Originally Posted by CDP930 View Post
    Maybe our weapon laws (or lack there of) would convince some of you non-Texans to move on in...
    All sounds very level headed to me. I'm keen, I reckon by the sound of it that I'd happy for the whole of Australia to become a branch state of Texas............

  30. #30
    Flashaholic Apollo Cree's Avatar
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    Default Re: Self defense flash light laws in Texas

    Quote Originally Posted by Search View Post
    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.
    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 01:38 PM.

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