The Legality of Police Batons in Texas
As you may have noticed, Pop ‘stache is not only about the fluff. We’re also trying to shape conversations to move the culture forward. Music has been a vehicle for social change since the genre was created, so we are constantly trying to draw on that part of our mission by exploring the legal ramifications of the issues we bring up in our articles. With that in mind, we’re looking at the cunning ways in which music has historically broken legal boundaries and how it is questioning laws today. In this article, we’re looking at the legality of carrying a police baton in Texas to continue the Pop ‘stache tradition of challenging the legal system.
Musicians have long pushed against social boundaries by developing methods to break the rules of society. Police batons are legal tools that are granted to law enforcement in order to help them do their jobs. The idea is that law enforcement officials must be able to subdue violent suspects without hurting them or causing permanent damage. Batons are an efficient and effective way to accomplish this goal. The vibe of a group of musicians, however, is not always about being legal. Pushing limits and challenging the status quo are common goals for musicians, so the rebellious feeling of the Pop ‘stache audience isn’t that surprising. As such, though speaking out against using police tools may be somewhat like speaking out against using the legal system in general, we think this examination will be fun anyway.
Police batons are only legal if you have a good reason to carry them. The Texas penal code specifies that carrying a night stick on your person is an exception to the law against carrying weapons. The meaning behind this seemingly odd exception is to allow law enforcement officials to carry police batons to subdue suspects. If members of the general public were to carry a police baton, however, they could technically be arrested for breaking the law. The problem is that this law has become somewhat of a meme for those living in Texas. Some people walk around in Texas with a police baton on their person in order to make a legal point. They are arguing that if they have the legal right to carry a legal tool, then they don’t see why the tool should be thought of as illegal. When one group of musicians decided to travel to Austin for a series of shows, they found themselves stopped with bags of contraband. The contraband? Police batons that had been given to the members of the band as gifts by a friend. The writer of the article, who interviewed the band for the Houston Chronicle, was convinced that they were breaking the law when in truth they weren’t. The catch is that even though this is legal, no law enforcement official is likely to actually let you go if you try to pass off a police baton as a “walking stick.”
According to the in depth guide on the legality of police batons in Texas, apart from legalities, police batons are also a popular tool for punks and rap artists. Many rappers, for example, have been handcuffed doing music events. When they get arrested, the police end up taking their hats and canes (common rap tools, but not illegal weapons) as contraband. The punk movement has a similar history of rebelling against authority. Punks have been known to take down police barricades, stealing cops’ batons to use in the mosh pit. The question here is clear. Despite what the law says, police batons are a regular part of the music scene for many bands. While the law may say one thing, some have made it legal to hold a police baton up to their head while singing their hearts out at a show. The question becomes: Is this kind of crusade one worth continuing? Music fans have a choice about whether to ignore laws, but they must understand the consequences of breaking them. Musicians have a longer road to travel if they choose to challenge the law directly. They have to stay in touch with their local legal team because not all states allow citizens the right to carry property that they use for their shows or performances. Texas police have frequently busted musicians who carry police batons on their person. In the next few days, and potentially even weeks, we will bring you results of a series of interviews that we’ve conducted with local Texas musicians. These musicians were asked how they felt about the legality of carrying police batons on their person, and whether they felt the issue was important enough to discuss with their fans. Keep checking back here at Pop ‘stache to learn more about how the fight for music advocacy continues across the nation.
