ASP baton legality

[Oh Shoot]

I venture to say that one of those long mag lights could legally be considered a weapon in certain situations.

Only if you used it as such. I definitely could see an aggravated assault charge if you whacked someone with it without cause.

I can see no provision in TCA for being charged with illegal possession of a weapon by carrying a flashlight, or indeed, ANY item that is not "specially designed, made or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument".

However, as Punisher says, you could be legitimately charged with aggravated assault by using anything.

- OS

[Fallguy]

I venture to say that one of those long mag lights could legally be considered a weapon in certain situations.

Only if you used it as such. I definitely could see an aggravated assault charge if you whacked someone with it without cause.

I can see no provision in TCA for being charged with illegal possession of a weapon by carrying a flashlight, or indeed, ANY item that is not "specially designed, made or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument".

However, as Punisher says, you could be legitimately charged with aggravated assault by using anything.

- OS

Well I do think depending on the circumstances a MagLite could be considered a club (that is illegal to carry per 39-17-1307)

39-17-1301(2) "Club” means any instrument that is specially designed, made or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument.

But in general, just sitting in your vehicle...I don't think it would be a problem.

[Oh Shoot]

Well I do think depending on the circumstances a MagLite could be considered a club (that is illegal to carry per 39-17-1307)

39-17-1301(2) "Club” means any instrument that is specially designed, made or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument....

How so?

How has it been designed, made or adapted for that purpose?

Same question for a baseball bat, too.

The only flashlights I could see that might fit that description are the ones with the tactical pointed bezels, or whatever you call them.

- OS

[Fallguy]

How so?

How has it been designed, made or adapted for that purpose?

Same question for a baseball bat, too.

The only flashlights I could see that might fit that description are the ones with the tactical pointed bezels, or whatever you call them.

- OS

Well if you have struck someone with it, you have adapted it to strike someone.

I guess really my point maybe moot. If you have struck someone with it...that action is probably what you would be charged with and not the carrying of the flashlight/club after the fact.

It just seems I remember hearing some LEOs saying that they could use their discretion to deem almost anything that could be used for striking as a club and confiscate it if they chose it.

Seems like you posted in another thread that LEOs are going to do whatever they are going to do.....

[Oh Shoot]

Well if you have struck someone with it, you have adapted it to strike someone.

I guess really my point maybe moot. If you have struck someone with it...that action is probably what you would be charged with and not the carrying of the flashlight/club after the fact.

It just seems I remember hearing some LEOs saying that they could use their discretion to deem almost anything that could be used for striking as a club and confiscate it if they chose it.

Seems like you posted in another thread that LEOs are going to do whatever they are going to do.....

Was thinking more of actual intent of the statute wording, but yes anything is possible, and there are still burgs where certain things are more possible than in others.

- OS

[Guest Ggun]

I can see no provision in TCA for being charged with illegal possession of a weapon by carrying a flashlight, or indeed, ANY item that is not "specially designed, made or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument".

However, as Punisher says, you could be legitimately charged with aggravated assault by using anything.

- OS

Carrying one of those long mag type flashlights down the street in broad daylight could easily find one charged and convicted in certain situations.

[Punisher84]

Carrying one of those long mag type flashlights down the street in broad daylight could easily find one charged and convicted in certain situations.

No... it couldn't. It's not a weapon unless you use it that way. Same as a screwdriver. There is nothing in TN state law that says a big honking flashlight is illegal to carry.

[Guest 270win]

The weapons laws in TN are based on intent, similar to Arkansas. I do not 'intend to go armed' with my flashlight as a 'club'. I keep my flashlight as a light. Now if you say you are using that flashlight as a 'head knocker' then yes, that is 'intent to go armed'. Same thing as the tire knockers that truck drivers use. Those things are basically night sticks. Baseball bat....what are you doing with that? Are you carrying it down the road as a 'head knocker' or to play ball? It's all in the 'intent'.

Knives over four inches are the same thing. That knife over four inches is a TOOL for scaling fish for example or skinning deer.

[Guest milkman]

can't[/u] or won't carry a firearm.

I am curious about this I thought it was a crime for a prohibited person to carry any weapon.

[Oh Shoot]

The weapons laws in TN are based on intent, similar to Arkansas...

They are?

You have a section of TCA that supports that? Or some case law?

Knives over four inches are the same thing. That knife over four inches is a TOOL for scaling fish for example or skinning deer

There is a specific defense to knife over 4" for "hunting, trapping, fishing, camping", something you are unlikely to be able to support if caught walking with one on a city street.

There is no defense for carrying a flashlight, because there is no law against it in the first place.

- OS

Edited September 10, 2010 by OhShoot

[kb4ns]

Same as a screwdriver.

No, no, no. That'd be possession of burglary tools (TCA 39-14-701).

Many things are not illegal for most folks at most times. It's gonna come down to the circumstances at hand (who, what, when, where, and why) and what the police and DA think.

[Punisher84]

No, no, no. That'd be possession of burglary tools (TCA 39-14-701).

Many things are not illegal for most folks at most times. It's gonna come down to the circumstances at hand (who, what, when, where, and why) and what the police and DA think.

Yea I almost didn't use the comparison because of that, but still it goes back to intent and circumstance. If I'm walking to my neighbors house to return his screwdriver I doubt you'd be locking me up. Now if I'm wondering around a parking lot with a screwdriver and wearing gloves at 3am...

I think I actually know a guy who arrested someone for that.

[Guest 270win]

A 'defense to prosecution' is difference to the face charge of 'intent to go armed'. The state does not at face prohibit the carrying of knives over four inches. The state does, however, prohibit the carrying of knives over four inches WITH INTENT to go armed. Big difference. Intending to go armed means generally arming oneself with the knife as a weapon for offense or defense....does your average street officer understand 'intent'...probably not. That is all based on circumstance. Now you could be dressed up as Daniel Boone for a historical deal and carrying a big bowie knife....are you violating the law then??? Probably not because he is not 'intending to go armed' under the spirit of the law. The long Bowie is part of his costume. Are you taking a big knife to show to your friends, yes carry or in your vehicle, no that's not carrying it as a weapon/intent to go armed...you are showing your friend.

Honestly the weapons laws in TN (and my home state of Arkansas) are so stupid because 'intent to go armed' can be quite gray and leaves a lot of wiggle room for the system to slam people or to leave people alone and can cost honest folks money to get charges dropped.

[Guest 270win]

It is long but please read this Article....it is an old one but Arkansas and Tennessee are very similar in weapons laws and based on intent. It will really show you how screwy our system is.

Act 696: Robbing the Hunter, or Hunting the Robber?

My home state does not call it 'intent to go armed'....it is called 'carrying a weapon with intent to employ it as a weapon against a person'....pretty much same thing. Very interesting...but the two states mirror each other in a lot of ways.

[Fallguy]

It is long but please read this Article....it is an old one but Arkansas and Tennessee are very similar in weapons laws and based on intent. It will really show you how screwy our system is.

Act 696: Robbing the Hunter, or Hunting the Robber?

My home state does not call it 'intent to go armed'....it is called 'carrying a weapon with intent to employ it as a weapon against a person'....pretty much same thing. Very interesting...but the two states mirror each other in a lot of ways.

Interesting...

[Guest Ggun]

No... it couldn't. It's not a weapon unless you use it that way. Same as a screwdriver. There is nothing in TN state law that says a big honking flashlight is illegal to carry.

Yes...it could.

The weapons laws in TN are based on intent, similar to Arkansas. I do not 'intend to go armed' with my flashlight as a 'club'. I keep my flashlight as a light. Now if you say you are using that flashlight as a 'head knocker' then yes, that is 'intent to go armed'. Same thing as the tire knockers that truck drivers use. Those things are basically night sticks. Baseball bat....what are you doing with that? Are you carrying it down the road as a 'head knocker' or to play ball? It's all in the 'intent'.

Knives over four inches are the same thing. That knife over four inches is a TOOL for scaling fish for example or skinning deer.

^^^^Exactly.

[Guest Letereat!]

Newb question here. Very informative thread. But who is the AG? Awsome God? Allmighty Ghostperson? Attorney General? Ariel Goomsbotoboomb?

[Fallguy]

Newb question here. Very informative thread. But who is the AG? Awsome God? Allmighty Ghostperson? Attorney General? Ariel Goomsbotoboomb?

Attorney General Tennessee Attorney General

[Guest Letereat!]

Roger that, thanks.

[Punisher84]

Yes...it could.

^^^^Exactly.

You just completely contradicted yourself. I agree, mostly, with razorback. If you INTEND to use it as a weapon and do so then yes you could be charged, but simply being in possession of a mag lite would not be a violation of the law and I seriously encourage you to prove me wrong. Show me 1 just one case in Tennessee where someone has been charged with carrying a FLASHLIGHT as a weapon that did not use it as such. Show me the law, quote me TCA and show it to me. I bet Fallguy a steak dinner you can't.

[Fallguy]

Ummm...what has to happen for me to get the steak dinner?

[Oh Shoot]

Ummm...what has to happen for me to get the steak dinner?

I think if Punisher loses the bet, YOU have to BUY it, sounds like to me!

- OS

[Fallguy]

I think if Punisher loses the bet, YOU have to BUY it, sounds like to me!

- OS

Well that's no good...lol

[Punisher84]

Ummm...what has to happen for me to get the steak dinner?

I think if Punisher loses the bet, YOU have to BUY it, sounds like to me!

- OS

Well that's no good...lol

No no no lol If ggun can show me one case where someone has been arrested simply for carrying a mag lite as a weapon and/or the law that says carrying a large flashlight is illegal I'll buy Fallguy a steak dinner next time we meet up. If he can't I'll just be happy knowing I'm right and I may even still buy FG a beer or two!

[Guest Ggun]

No no no lol If ggun can show me one case where someone has been arrested simply for carrying a mag lite as a weapon and/or the law that says carrying a large flashlight is illegal I'll buy Fallguy a steak dinner next time we meet up. If he can't I'll just be happy knowing I'm right and I may even still buy FG a beer or two!

Haha. Punisher, you just can't think outside of the box, can you? For the tgo record, I can't show you a case where someone was arrested and convicted without actually using the Maglite.

Sorry Fallguy, no steak dinner this week!