Batons are all classified as deadly weapons in the state of Texas and are a felony to possess. Specific statement from the Texas Penal Code: “You are a commissioned security officer licensed with DPS-RSD and you possess proof that you have also attended baton training.” Batons include: PR 24, Straight Sticks, Expandable, etc.
This means in the state of Texas, to carry a baton as a security officer, you must be a Level-3 Commissioned Officer and also possess a baton card. A question that always comes up is “Why can’t unarmed security officers carry a baton?” The issue is the Texas Penal Code specifically states “Commissioned Officer,” not Non-Commissioned Officer, which means the way that they wrote the code does not allow you any room to play semantics or word games as it states “Commission.” With that said, since you must possess an active Commission license to also be a Bodyguard; DPS does acknowledge that they work in conjunction with each other – you should have no problem carrying a baton as a PPO Level-4 Bodyguard, also noting concealed or exposed is not addressed in the code.
Our opinion at TC TA is that we feel the state and DPS-RSD should make a change in the rules and codes to allow Non-commissioned Officers to carry a baton. Most security companies don’t want armed guards, however their guards need some level of protection other than OC and a flashlight and wish to carry a baton. If a Non-commissioned Officer has already had Use of Force training as a part of the Level-2 class and they take a baton class, we feel they should be allowed to carry a baton, as it is not a firearm. This is something that Security Associations, their Leadership and the DPS-RSD Board should be addressing in our opinion, as the attacks on security guards increase.