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Thread: Can you open carry a TASER?

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    Can you open carry a TASER?

    I have been searching through google for days and have not come up with a definite answer on this. There are two questions I'm trying to find the answer to:
    • Is it legal to open carry a TASER in Texas? I see people open carrying pepper spray, I would think that is in the same league.
    • Is it legal to bring a TASER into a school or other gun-free-zone? Since Texas doesn't classify a TASER as a firearm (from what I've read) how does that apply?

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    Regular Member ()pen(arry's Avatar
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    Quote Originally Posted by adric22 View Post
    I have been searching through google for days and have not come up with a definite answer on this. There are two questions I'm trying to find the answer to:
    • Is it legal to open carry a TASER in Texas? I see people open carrying pepper spray, I would think that is in the same league.
    • Is it legal to bring a TASER into a school or other gun-free-zone? Since Texas doesn't classify a TASER as a firearm (from what I've read) how does that apply?
    As I recall, in Texas it is legal for non-LEOs to own/carry TASERs, but not with the projectile "probes" (which anyone not a Taser International marketing ********* would call a "dart" or "spear"). So if you aren't an LEO, go ahead and carry one of the touch-only TASERs, and then expect to be confronted by cops who feel compelled to take anything out of the ordinary as an apocalyptic threat. Do not, however, attempt to buy, let alone carry, a TASER with a projectile pack.

    No matter what you do, you have not the slightest protection against harassment and arrest. Whether you'll be convicted depends on the thickness of your wallet, largely regardless of the law.

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    I've seen the little one shot tasers with projectiles for sale in Texas.

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    Quote Originally Posted by PracticalTactical View Post
    I've seen the little one shot tasers with projectiles for sale in Texas.
    I've just been doing some searching, and can't find anyone specifically claiming that projectile TASERs are illegal. There may well be restrictions on air guns that would apply to projectile TASERs, however.

    I've remembered when and where I was told, in no uncertain terms, that it was illegal for a non-LEO to have a projectile TASER in Texas. It was a guy in the cigar shop at Preston and NW Hwy in Dallas. Does it come as a surprise to anyone that this guy was, himself, a cop? What kept the incident in my memory is that one of the people there asked him about his TASER, and he decided to show everyone what it looks like when you take the projectile pack off a TASER and engage it in touch mode. He didn't actually shock anyone, but I remember being disgusted by his eagerness to try to impress a bunch of guys at a cigar shop. Small wonder he foisted an apparent load of legal horses__t on his audience.

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    Quote Originally Posted by PracticalTactical View Post
    I've seen the little one shot tasers with projectiles for sale in Texas.
    I have as well in many stores that carry guns. I have asked and been told they are perfectly legal to buy, own, and even carry one. My internet research tends to suggest the same thing. However, I have never seen anyone open-carry a taser except for police. So that is the part that is questionable, as well as the federal Gun-free-zones such as schools.

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    Regular Member MilProGuy's Avatar
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    I wouldn't feel comfortable carrying a taser into a school.

    Hey, but that's just me.
    Proud Veteran ~ U.S. Army / Army Reserve

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    Regular Member Badger Johnson's Avatar
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    Quote Originally Posted by MilProGuy View Post
    I wouldn't feel comfortable carrying a taser into a school.

    Hey, but that's just me.
    Some schools I wouldn't feel safe going into WITHOUT a taser!
    A gun in a holster is better than one drawn and dispensing bullets. Concealed forces the latter. - ixtow

    Hi, I'm hypercritical. But I mean no harm, I just like to try to look deeply at life

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    Regular Member MilProGuy's Avatar
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    Quote Originally Posted by Badger Johnson View Post
    Some schools I wouldn't feel safe going into WITHOUT a taser!
    You know, I think you're right.

    Now that you've made me stop and think about it, East High School in Memphis is definitely one I wouldn't want to enter under any circumstances.
    Last edited by MilProGuy; 11-07-2011 at 05:28 PM. Reason: edited to change font color
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    Texas Penal Code Chapter 46 is completely silent on electrical devices.

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    Tasers aren't mentioned anywhere in Texas state law. Perfectly legal to carry them openly or concealed just about everywhere in the state. I don't know of any cities or towns which restrict them, either, but I can guarantee you any municipal building which searches for weapons or other contraband wouldn't let you in. Same thing with courts and courthouse, although that would fall under standing orders from a judge rather than law. And if you assault someone with it unlawfully, it would be considered a deadly weapon, but the same thing applies from a beer bottle to a ball-point-pen.

    Beyond that, they are a nice example of what ALL weapon law should be - you buy it with all the difficulty of buying a cheese sandwich, carry however and wherever you damn well please with no permission slip from Daddy Guvmint, and punish people who actually HURT PEOPLE with it rather than carrying it to defend themselves.

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    Quote Originally Posted by denwego View Post
    Tasers aren't mentioned anywhere in Texas state law. Perfectly legal to carry them openly or concealed just about everywhere in the state. I don't know of any cities or towns which restrict them, either, but I can guarantee you any municipal building which searches for weapons or other contraband wouldn't let you in.
    Yes, it's good to point out that while Texas law is silent on possession and carry of such devices, municipal code might not be. Unlike firearms, the state does not preempt all possession/carry law when it comes to Tasers, knives, etc.

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    Don't know. I would be very leery about it though, if a person is detained by a TASER-can you hope that there is a LEO near that can subdue that person? Don't think that you could use any type of restraints as a CIVILIAN-this would be the first question to ask!

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    Quote Originally Posted by Cowboy_Rick View Post
    Don't know. I would be very leery about it though, if a person is detained by a TASER-can you hope that there is a LEO near that can subdue that person? Don't think that you could use any type of restraints as a CIVILIAN-this would be the first question to ask!
    Using an item for self defense, and using it to detain/restrain someone, are completely different. Opposites, in fact. The former is a case of "get away from me!", while the latter is "don't move!"

    Citizen's arrest is authorized in Texas. The means of seizing, detaining or restraining someone in order to take them before a magistrate isn't addressed in the law. You can do so with handcuffs, zip ties, lariat or piggin' string, gun point, or a Taser.

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    Quote Originally Posted by KBCraig View Post
    Using an item for self defense, and using it to detain/restrain someone, are completely different. Opposites, in fact. The former is a case of "get away from me!", while the latter is "don't move!"

    Citizen's arrest is authorized in Texas. The means of seizing, detaining or restraining someone in order to take them before a magistrate isn't addressed in the law. You can do so with handcuffs, zip ties, lariat or piggin' string, gun point, or a Taser.
    I prefer 90mph tape and a generous application of McDonald's special blend of (sue them for a million cause it's so dang hot) coffee. After I've had my cup, of course...

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