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Unlawful Transfer of Certain Weapons

Texas has placed limits on a person’s ability to transfer weapons. For example, a person cannot provide a handgun to another when they know the person intends to use the handgun in an unlawful act or otherwise use the gun contrary to law. Providing a gun includes selling another a gun, leasing it, loaning it, or giving it to another. Similarly, a person cannot sell a firearm or ammunition, either intentionally, knowingly, or recklessly, to someone who is intoxicated.

The law also prohibits selling either a firearm or ammunition knowingly to a person convicted of a felony, until the later of either of the following:

  • The fifth anniversary of a person’s release from confinement following a felony conviction; or
  • The fifth anniversary of a person’s release from community supervision, parole, or mandatory supervision following a felony conviction.

Transferring Firearms and Active Protection Orders

A person may not sell, rent, lease, loan, or give a handgun to people under an active protective order. Additionally, a person cannot purchase, rent, lease, borrow, or receive a handgun as a gift when they are the subject of an active protective order.

Under the statute, an “active protective order” does not include a temporary protective order before the court holds a hearing on the matter.

Transfer of Weapons to Children

It is also against the law to either intentionally or knowingly sell, rent, lease, or give a firearm, club, or illegal knife to a child. Additionally, offering to sell, rent, lease, or give a firearm, club, or illegal knife to a child is prohibited by law. However, where a parent or person having legal custody of the child has previously given written permission for the sale or other transfer, by gift, loan, etc., this is considered lawful consent to the transfer and a defense to the charge.

Contact us

Call us at (817) 203-2220 for a complimentary strategy session. Our team of former prosecutors and Board Certified Criminal Lawyers are here to help. During this call we will:

  • Discuss the facts of your case;
  • Discuss the legal issues involved, including the direct and collateral consequences of the allegation; and
  • Discuss the defenses that apply to your plan and in general terms discuss our approach to your case.

You can also contact us online:

[/cs_text][x_accordion][x_accordion_item title=”Penal Code 46.06″ open=”false”]UNLAWFUL TRANSFER OF CERTAIN WEAPONS.

(a)  A person commits an offense if the person:

(1)  sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act;

(2)  intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years any firearm, club, or illegal knife;

(3)  intentionally, knowingly, or recklessly sells a firearm or ammunition for a firearm to any person who is intoxicated;

(4)  knowingly sells a firearm or ammunition for a firearm to any person who has been convicted of a felony before the fifth anniversary of the later of the following dates:

(A)  the person’s release from confinement following conviction of the felony;  or

(B)  the person’s release from supervision under community supervision, parole, or mandatory supervision following conviction of the felony;

(5)  sells, rents, leases, loans, or gives a handgun to any person knowing that an active protective order is directed to the person to whom the handgun is to be delivered;  or

(6)  knowingly purchases, rents, leases, or receives as a loan or gift from another a handgun while an active protective order is directed to the actor.

(b)  In this section:

(1)  “Intoxicated” means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body.

(2)  “Active protective order” means a protective order issued under Title 4, Family Code, that is in effect.  The term does not include a temporary protective order issued before the court holds a hearing on the matter.

(c)  It is an affirmative defense to prosecution under Subsection (a)(2) that the transfer was to a minor whose parent or the person having legal custody of the minor had given written permission for the sale or, if the transfer was other than a sale, the parent or person having legal custody had given effective consent.

(d)  An offense under this section is a Class A misdemeanor, except that an offense under Subsection (a)(2) is a state jail felony if the weapon that is the subject of the offense is a handgun.[/x_accordion_item][/x_accordion][/cs_column][/cs_row][/cs_section][/cs_content]