If not, even a machine gun is harmless. For example, a baseball bat is not an illegal weapon, of course, but it can be considered a deadly weapon if used in the course of the crime of assault or battery. For the scenerio given to me, a suspect is armed with a baseball bat - is threatening you with it, and you have decided that suspect will be arrested for threatening you with the weapon. 6.02x10e23. However, S 26.501 details a list of weapons you cannot have at all. Several different laws relating to the ownership, use, and carrying of weapons in New York exist. One blow to the head can kill, or perhaps even worse for the victim, it could maim due to TBI. Penal Code 26350 PC is the California statute that makes it a crime for a person to: openly carry an unloaded firearm, in a public area. Carrying an unloaded firearm in public – PC 26350. Note that a person is guilty under this law while acting with any firearm. A baseball bat can be an effective weapon for self-defense if used properly. Same will apply with a Maglite. #10 Report 10 years ago #10 Actually, you can kill home invaders, without legal repercussions. If the weapon was not offensive per se, nor adapted, but intended to be used as a weapon, the prosecution would also have to prove this intention. There are a number of different tactics you can use – that go beyond just SWING at the intruder. Document explains the law behind carrying an article with a blade or point or an offensive weapon in a public place; the manufacture, import, sale or hire of offensive weapons… While many people may not have a gun or other weapon to repel an intruder, you can easily find a baseball bat if you’ve ever played baseball or you have kids who play baseball. This can help law enforcement pick them up, and get them off the streets for good. This becomes important when trying to prove criminal charges brought for assault with a deadly weapon. Or Airgun. Baton laws vary by state. You should consult the Bat Conservation Trust if bats are present and there is a possibility of you disturbing them. Baseball bat by bed. Have a secret weapon in every room, Cricket/Baseball bat, Dumbbells, Crobar whatever… a bloody big wrench or a shovel. Answer Save. When it comes to blunt objects being used as a weapon, bigger is usually better, however, I do prefer something I can throw in the trunk and have available to me when necessary and most people don’t have the extra space to store a full-size baseball bat. Well yes if you are at the park, no if it's a shopping centre. crack their skull. Legal. Deadly Weapon applies to felony offenses and is defined in Texas Penal Code Section 1.07 as: (A) a firearm or anyhing manifestly designed made, or adapted for the purpose of inflicting death or serious bodily injury (i.e. 7 years ago. if you have a baseball bat in your car you are either paranoid, an asshole or … This should have been a "don't bring a baseball bat to a gun fight" moment, but it's Portland, a cesspool where criminals have more rights than law abiding citizens. I’m not a lawyer or a judge, so you’ll need to ask a professional if you need any clarification, but the laws on carrying weapons in New York, like all US laws, are readily available online. Q1. There is no law against baseball bats per se, but the Prevention of Crime Act 1953 outlaws carrying an offensive weapon in public without lawful authority or excuse. The law differs from state to state. First of all, don’t be found among such people. Use ye skills and beat the shit out of the rat. Rep:? A: A deadly weapon is any object capable of inflicting serious harm to another person.Your typical deadly weapons include the usual assortment of guns, knives, and bombs. #9 Report 10 years ago #9 a sawn-off shotgun: becuz its not a "whole" weapon, it doesnt count as a weapon. Lawmakers favoring gun control are continually talking about Australia's gun control and how the United States needs to follow Australia's lead. Second, the first time this occurred, the victim should have pulled a .45 ACP pistol and made it clear that one more advance would have sent a 230 grain ball his way. Source(s): 10 years in Cal law enforcement. While useful for close combat with raiders, they are not particularly effective against the more durable foes found throughout the wasteland. However, they are not offensive weapons in themselves, as their main purpose is, obviously, for playing baseball. Notker Badges: 3. Any sort of knife, sword, firearm and even such items as brass knuckles fall under different laws in different regions of the country. I just need to know the laws on carrying a baseball bat for self defense in Texas is it illegal or not? Simple. » to think it's not illegal to keep a baseball bat under our bed for the purpose of self-defence ? At the end of the day, if you do confront someone in your house, you could never know if they have a blade tucked away. Therefore, it is perfectly fine for you to carry your baseball bat around in public if you are heading for a baseball match. Try it and lemme know how it goes. What is considered a deadly weapon? I'm as much Magaholic as flashaholic. 0. This includes not only weapons which are intended to do harm like a gun or knife, but also blunt instruments like clubs, baseball bats, monkey wrenches, an automobile or any object which actually causes death. It all has to do with intent if you were carrying the bat to or from a game then it is a tool in the eyes of the law. The law distinguishes between articles which are made or adapted for use for causing injury to the person (which would include the folding baton in the brief case, cited above) and those which are not but which are intended by the person having them for use as such weapons. People often are arrested for carrying baseball bats with them on the grounds that they could constitute an offensive weapon. But even more common place objects such as a baseball bat, lamp, or even a pencil can qualify as a deadly weapon. This is much more than a self-defense weapon—you can use the patented spray inside, which comes with UV dye, to identify your attack should they flee. Vinncent. It's perfectly fine, although if you used it as a weapon or had it about you in an inappropriate place, then it could be deemed as offensive. Baseball Bat as lethal weapon? so its carrying an offensive weapon. On the other hand, a switchblade is a deadly weapon and possession of a switchblade is illegal in some, but not all, states. While laws attempting to abridge the Second Amendment are bad enough, Australia's laws go far beyond simply banning guns. Items such as baseball bats have a legitimate purpose for recreation and while capable of causing hurt, are unlikely to be deemed offensive weapons if they are not used in an offensive manner. If you have a cricket or baseball bat with you, would it be ok? A club (also known as a cudgel, baton, bludgeon, truncheon, cosh, nightstick or impact weapon) is among the simplest of all weapons: a short staff or stick, usually made of wood, wielded as a weapon since prehistoric times. they can make a judgement call on whether it is intended to be used as a weapon. 5 Answers. As already discussed, the problem most weapons for self-defense is owning one, where to keep it, and how not to look like a man on a mission carrying a baseball bat to the mall for a shopping trip. Legal. When you pull this pepper spray gun out, your attacker will know that you came prepared, and that they brought a fist to a pepper spray gun fight. Non leathal. If a person is going to use it to kill, a pencil or a baseball bat is a lethal weapon. The baseball bat is a melee weapon in Fallout 3. Having proved these three elements, the burden would then switch to the defence to satisfy the jury or magistrate that they either have a lawful authority, or a reasonable excuse for carrying the weapon in a public place. 1 decade ago. In the second instance that would be considered at least attempted 245pc, assault with a deadly weapon, and if the bat connected with your victim then it would move up to ADW proper. Better safe than sorry. An offensive weapon is defined as "any article made or adapted for use for causing injury to the person, or intended by the person having it with him for such use by him or by some other person". New York Weapon Laws. Currently, there are countless firearms related laws in effect at both the state and federal level. Lv 7. Relevance. Deadly Weapon Under Texas Law. If you just carrying it around for protection it becomes a deadly weapon and you can be charged as such. I'm curious as to DAAT and the "average" WI officer's take on the baseball bat, metal pole, or other impact weapon as a "deadly force" situation. Australian laws bans fake or replica guns, crossbows, and several types of knives such as trench knives. The law states that you must be carrying the offensive weapon around with lawful authority or lawful purpose. As a general proposition what makes an object a deadly weapon is its manner of use, assuming it is not specifically defined as an illegal weapon. 1 Characteristics 1.1 Durability 2 Variants 3 Locations 4 Notes 5 Gallery 6 Sounds The baseball bat is a common melee weapon found in the wasteland.