Posted: 11/1/2006 1:26:23 PM EDT
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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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