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Posted: 10/31/2006 7:03:08 AM EDT
I lived in TX and about to get my CCW class next month. If I don't have CCW yet, is it legal to have rifles and hand guns with/without loaded magazines in (hand gun)? If I have hand gun in glove compartment with loaded magazine next to the gun, is it legal?
Thanks,
Link Posted: 10/31/2006 9:56:09 AM EDT
[#1]
Link Posted: 11/1/2006 1:26:23 PM EDT
[#2]

Quoted:
I lived in TX and about to get my CCW class next month. If I don't have CCW yet, is it legal to have rifles and hand guns with/without loaded magazines in (hand gun)? If I have hand gun in glove compartment with loaded magazine next to the gun, is it legal?
Thanks,


Texas has a CHL (concealed handgun license) Program

Texas does not prohibit the carry of long guns, generally, except these places


Text
§46.03.  Places weapons prohibited.

    (a)  A person commits an offense if the person intentionally,
knowingly, or recklessly possesses or goes with a firearm, illegal
knife, club, or prohibited weapon listed in Section 46.05(a):

    (1)  on the physical premises of a school or educational
institution, any grounds or building on which an activity sponsored by
a school or educational institution is being conducted, or a passenger
transportation vehicle of a school or educational institution, whether
the school or educational institution is public or private, unless
pursuant to written regulations or written authorization of the
institution;

    (2)  on the premises of a polling place on the day of an
election or while early voting is in progress;

    (3)  on the premises of any government court or offices
utilized by the court, unless pursuant to written regulations or
written authorization of the court;

    (4)  on the premises of a racetrack;

    (5)  in or into a secured area of an airport; or

    (6)  within 1,000 feet of premises the location of which is
designated by the Texas Department of Criminal Justice as a place of
execution under Article 43.19, Code of Criminal Procedure, on a day
that a sentence of death is set to be imposed on the designated
premises and the person received notice that:

    (A)  going within 1,000 feet of the premises with a weapon
listed under this subsection was prohibited; or

    (B)  possessing a weapon listed under this subsection within
1,000 feet of the premises was prohibited.

     
    (c)  In this section:

    (1)  "Premises" has the meaning assigned by Section 46.035.

   

    (e)  It is a defense to prosecution under Subsection (a)(5)
that the actor checked all firearms as baggage in accordance with
federal or state law or regulations before entering a secured area.

    (f)  It is not a defense to prosecution under this section
that the actor possessed a handgun and was licensed to carry a
concealed handgun under Subchapter H, Chapter 411, Government Code.

    (g)  An offense under this section is a third degree felony.

   
    (i)  It is an exception to the application of Subsection
(a)(6) that the actor possessed a firearm or club:

    (1)  while in a vehicle being driven on a public road; or

    (2)  at the actor's residence or place of employment.


Regarding a handgun;


Texas Penal Code
§46.02.  Unlawful carrying weapons.

    (a)  A person commits an offense if he intentionally,
knowingly, or recklessly carries on or about his person a handgun,
illegal knife, or club.
 



Notice it says nothing about loaded or unloaded, concealed or not.  

On or about your person has been defined by the courts as meaning any area within your immediate access and includes the passenger compartment of motor vehicles.

Here are the exceptions;

46.15 non-applicability
    (b)  Section 46.02 does not apply to a person who:

   

    (1)  is in the actual discharge of official duties as a member
of the armed forces or state military forces as defined by Section
431.001, Government Code, or as a guard employed by a penal
institution;

    (2)  is on the person's own premises or premises under the
person's control unless the person is an employee or agent of the
owner of the premises and the person's primary responsibility is to
act in the capacity of a security guard to protect persons or
property, in which event the person must comply with Subdivision (5);

    (3)  is traveling;

    (4)  is engaging in lawful hunting, fishing, or other sporting
activity on the immediate premises where the activity is conducted, or
is directly en route between the premises and the actor's residence,
if the weapon is a type commonly used in the activity;

    (5)  holds a security officer commission issued by the Texas
Board of Private Investigators and Private Security Agencies, if:

    (A)  the person is engaged in the performance of the person's
duties as a security officer or traveling to and from the person's
place of assignment;

    (B)  the person is wearing a distinctive uniform; and

    (C)  the weapon is in plain view;

    (6)  is carrying a concealed handgun and a valid license
issued under Article 4413(29ee), Revised Statutes, to carry a
concealed handgun of the same category as the handgun the person is
carrying;

    (7)  holds a security officer commission and a personal
protection authorization issued by the Texas Board of Private
Investigators and Private Security Agencies and who is providing
personal protection under the Private Investigators and Private
Security Agencies Act (Article 4413(29bb), Texas Civil Statutes); or

    (8)  holds an alcoholic beverage permit or license or is an
employee of a holder of an alcoholic beverage permit or license if the
person is supervising the operation of the permitted or licensed
premises.

    (c)  The provision of Section 46.02 prohibiting the carrying
of a club does not apply to a noncommissioned security guard at an
institution of higher education who carries a nightstick or similar
club, and who has undergone 15 hours of training in the proper use of
the club, including at least seven hours of training in the use of the
club for nonviolent restraint. For the purposes of this subsection,
"nonviolent restraint" means the use of reasonable force, not intended
and not likely to inflict bodily injury.

    (d)  The provisions of Section 46.02 prohibiting the carrying
of a firearm or carrying of a club do not apply to a public security
officer employed by the adjutant general under Section 431.029,
Government Code, in performance of official duties or while traveling
to or from a place of duty.

    (e)  The provisions of Section 46.02 prohibiting the carrying
of an illegal knife do not apply to an individual carrying a bowie
knife or a sword used in a historical demonstration or in a ceremony
in which the knife or sword is significant to the performance of the
ceremony.

    (f)  Section 46.03(a)(6) does not apply to a person who
possesses a firearm or club while in the actual discharge of official
duties as:

    (1)  a member of the armed forces or state military forces, as
defined by Section 431.001, Government Code; or

    (2)  an employee of a penal institution.

    (g)  (As added by L.2003, chap. 795(1). See other subsection (g)
below.)  In this section, "recognized state" means another state with
which the attorney general of this state, with the approval of the
governor of this state, negotiated an agreement after determining that
the other state:

    (1)  has firearm proficiency requirements for peace officers;
and

    (2)  fully recognizes the right of peace officers commissioned
in this state to carry weapons in the other state.

    (g)  (As added by L.2003, chap. 421(1). See other subsection (g)
above.)  For the purpose of Subsection (b)(2), "premises" includes a
recreational vehicle that is being used by the person carrying the
handgun, illegal knife, or club as living quarters, regardless of
whether that use is temporary or permanent. In this subsection,
"recreational vehicle" means a motor vehicle primarily designed as
temporary living quarters or a vehicle that contains temporary living
quarters and is designed to be towed by a motor vehicle. The term
includes a travel trailer, camping trailer, truck camper, motor home,
and horse trailer with living quarters.


i)  For purposes of Subsection (b)(3), a person is presumed
to be traveling if the person is:
(1)  in a private motor vehicle;                                              
(2)  not otherwise engaged in criminal activity, other
than a Class C misdemeanor that is a violation of a law or ordinance
regulating traffic;
(3)  not otherwise prohibited by law from possessing a
firearm;            
(4)  not a member of a criminal street gang, as defined
by Section 71.01;  and
(5)  not carrying a handgun in plain view.




Don't worry, your instructor will explain it all to you in class.  If you have any other questions we will be happy to help you here.  
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