Question for the LEO's

[Guest Caveman]

I have an ASP in my car. I keep it in a holster that is visibly mounted on my lower dash. I have come to realize that according to TCA this is an illegal CCW. It just sits in my car, I don't carry it around with me. My question to the LEO's here is; if you were to pull me over, lets say for speeding, and I was polite, cooperative and there was nothing else illegal going on with this traffic stop, would you arrest me for having it in my car? I'm just curious as to your views on the matter since every LEO is different. By the way, at this point I no longer have it in my car.

Also, would having an ASP certification change anything legally or in the eyes of the LEO's?

[kb4ns]

I wouldn't care less, especially if you've got a HCP. Legally, the HCP means nothing for carrying an ASP, but the way I see it, if you're trusted with a firearm, the ASP is no biggie. Keep in mind, this is just ME. Definitely not every LEO.

And yes, if you had a certificate of training for the ASP, it would be a defense to unlawful possession.

[willis68]

What is an ASP?

[kb4ns]

What is an ASP?

ASP Batons - ASP Tactical Baton

[willis68]

ASP Batons - ASP Tactical Baton

Thanks

[kb4ns]

As far as the training:

39-17-1308. Defenses to unlawful possession or carrying of a weapon. —

(a) It is a defense to the application of § 39-17-1307 if the possession or carrying was:

(9) By any person possessing a club or baton who holds a certificate that the person has had training in the use of a club or baton for self-defense that is valid and issued by a certified person authorized to give training in the use of clubs or batons, and is not prohibited from purchasing a firearm under any local, state or federal laws

[Guest Caveman]

I wouldn't care less, especially if you've got a HCP. Legally, the HCP means nothing for carrying an ASP, but the way I see it, if you're trusted with a firearm, the ASP is no biggie. Keep in mind, this is just ME. Definitely not every LEO.

And yes, if you had a certificate of training for the ASP, it would be a defense to unlawful possession.

That's good to know (and I understand you don't represent all LEO's) I read the "is it illegal" thread and I thought I would get your perspectives on the issue, thanks.

[BigPoppa]

Training/certification is required by TCA to legally carry an expandable baton.

39-17-1308. Defenses to unlawful possession or carrying of a weapon. —

(a) It is a defense to the application of § 39-17-1307 if the possession or carrying was:

;

(9) By any person possessing a club or baton who holds a certificate that the person has had training in the use of a club or baton for self-defense that is valid and issued by a certified person authorized to give training in the use of clubs or batons, and is not prohibited from purchasing a firearm under any local, state or federal laws;

[Guest Caveman]

As far as the training:

39-17-1308. Defenses to unlawful possession or carrying of a weapon. —

(a) It is a defense to the application of § 39-17-1307 if the possession or carrying was:

(9) By any person possessing a club or baton who holds a certificate that the person has had training in the use of a club or baton for self-defense that is valid and issued by a certified person authorized to give training in the use of clubs or batons, and is not prohibited from purchasing a firearm under any local, state or federal laws

I guess I need to find a class around here then.

[Guest jackdm3]

Do they eject by their own spring or do you have to sling it a little?

[Erik88]

I guess I need to find a class around here then.

I've been interested in doing the class as well, but I think the last time I checked the class was $150 bucks...

[kb4ns]

Yeah. I know Chip Holland does some classes here in Memphis at RangeUSA, but they don't advertise the classes. You have to email him directly. I know that's not much help to you out in K-town, but in case anyone else is reading this that is in or near Memphis.

[kb4ns]

Do they eject by their own spring or do you have to sling it a little?

Gotta give 'em a little flick of the wrist.

[Guest jackdm3]

What's the relation to the firearms offense?

[Guest Glock23ForMe]

Gotta give 'em a little flick of the wrist.

Yep, my Ex's dad had one, he was a LEO, it was pretty sweet...

[kb4ns]

What's the relation to the firearms offense?

Huh?

[Guest Glock23ForMe]

Huh?

If you get caught with it, whats gonna happen to you?

[Guest jackdm3]

It says you take the class, get certified and you must not be "not prohibited from purchasing a firearm under any local, state or federal laws." I must be reading it wrong. It seems you can do the baton thing if you don't have a restriction for firearm ownership.

[Guest Caveman]

If you get caught with it, whats gonna happen to you?

Since I have no certification, I could be arrested if the LEO so chose.

[kb4ns]

With no training certificate, it could be a charge of Unlawful Possession of a Weapon. But, it's a class C misdemeanor versus a class A like possessing a handgun in a place open to the public.....

See TCA 39-17-1307

[kb4ns]

It says you take the class, get certified and you must not be "not prohibited from purchasing a firearm under any local, state or federal laws." I must be reading it wrong. It seems you can do the baton thing if you don't have a restriction for firearm ownership.

Oh, I get what you're asking. I think that's the state's way of saying that those with felony convictions, DV convictions, etc. can't carry anything but a pack of skittles (no baton regardless of training, etc.)

[Guest Caveman]

Do they eject by their own spring or do you have to sling it a little?

Mine has no spring. Mine is an actual ASP, not a knock off extending baton. It just telescopes with the flick of a wrist. TCA says they are a no no.

[Erik88]

It says you take the class, get certified and you must not be "not prohibited from purchasing a firearm under any local, state or federal laws." I must be reading it wrong. It seems you can do the baton thing if you don't have a restriction for firearm ownership.

What's confusing about that? If you can legally purchase a firearm then you can take the class. Are you just asking why that is a requirement?

[Guest jackdm3]

If someone was prohibited to own guns, why can they not defend themselves with at least a baton, is what I was asking. And yes, I've always felt that, if qualified to carry a handgun, you should be allowed anything else that is lesser in lethality, as well as a Rambo/Suntzu knife.

[Guest Caveman]

I've been interested in doing the class as well, but I think the last time I checked the class was $150 bucks...

That's steep for a class like that. I wonder if we could get a couple interested people together and get some kind of group rate somewhere. I wouldn't mind to travel a bit for it.