Texas Penal Code 46.06 – Unlawful Transfer of Certain Weapons

WHAT IS UNLAWFUL TRANSFER OF CERTAIN WEAPONS IN TEXAS?

The Texas law against unlawful transfer of certain weapons prohibits selling renting, leasing, loaning, or giving a handgun, firearm, or other prohibited weapon to another who is not permitted to own or possess one.

• What are examples of illegal weapons transfers in Texas? Transferring certain weapons is illegal if a person:

• • sells, loans, or gives another a handgun knowing it is going to be used unlawfully;
  • sells, loans, gives, or offers to sell or give a child under 18 years of age a firearm, club, or location-restricted knife;
  • sells a firearm or ammunition for a firearm to an intoxicated person;
  • sells a firearm to a felon;
  • sells, loans, or gives a handgun to a person subject to a protective order, or to a person who plans to give the handgun to a person subject to a protective order;
  • buys or is given a gun intending to give or sell it to another who is the subject of an active protective order;
  • lies on a background check form to purchase a firearm while prohibited by law from possessing a firearm.

WHAT IS THE UNLAWFUL TRANSFER OF CERTAIN WEAPONS LAW IN TEXAS?

Tex. Penal Code § 46.07. 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 of age any firearm, club, or location-restricted 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;

(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; or

(7) while prohibited from possessing a firearm under state or federal law, knowingly makes a material false statement on a form that is:

(A) required by state or federal law for the purchase, sale, or other transfer of a firearm; and

(B) submitted to a licensed firearms dealer, as defined by 18 U.S.C. Section 923.

. . .

(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:

(1) an offense under Subsection (a)(2) is a state jail felony if the weapon that is the subject of the offense is a handgun; and

(2) an offense under Subsection (a)(7) is a state jail felony.

Tex. Penal Code § 46.07. INTERSTATE PURCHASE.

A resident of this state may, if not otherwise precluded by law, purchase firearms, ammunition, reloading components, or firearm accessories in another state. This authorization is enacted in conformance with 18 U.S.C. Section 922(b)(3)(A).

WHAT IS THE PENALTY CLASS FOR UNLAWFUL TRANSFER OF CERTAIN WEAPONS IN TEXAS?

The penalty classification for unlawful transfer of certain weapons depends on the person’s conduct.

• Class A misdemeanor, punishable by up to one year in county jail, if the person:
  • sells, loans, or gives another a handgun knowing it is going to be used unlawfully;
  • sells a firearm or ammunition for a firearm to an intoxicated person;
  • sells a firearm to a felon;
  • sells, loans, or gives a handgun to a person subject to a protective order, or to a person who plans to give the handgun to a person subject to a protective order;
  • buys or is given a gun intending to give or sell it to another who is the subject of an active protective order;
• State jail felony, punishable by 180 days to two years in a state jail facility, if the person:
  • unlawfully transfers a firearm, club, or location-restricted knife to a child under 18 years old;
  • lies on a form submitted to a firearms dealer required by state or federal law to purchase a firearm, while prohibited from possessing a firearm.

WHAT IS THE PUNISHMENT RANGE FOR UNLAWFUL TRANSFER OF CERTAIN WEAPONS IN TEXAS?

The punishment range for unlawful transfer of certain weapons charged as a Class A misdemeanor is up to one year in jail, and a maximum $4,000 fine. Unlawful transfer of certain weapons charged as a state jail felony carries between 180 days and two years in a state jail facility, and a maximum $10,000 fine.

WHAT ARE THE PENALTIES FOR UNLAWFUL TRANSFER OF CERTAIN WEAPONS IN TEXAS?

A person charged with unlawful transfer of certain weapons may be eligible for probation after a conviction, or deferred adjudication without a conviction. The community supervision term for a Class A misdemeanor may not exceed two years. Community supervision for a state jail felony ranges between two and five years, with the possibility of extending supervision for up to ten years.

WHAT ARE THE DEFENSES TO UNLAWFUL TRANSFER OF CERTAIN WEAPONS IN TEXAS?

The statute authorizes an affirmative defense to unlawful transfer of certain weapons to a minor under 18 if the minor’s parent gave consent for the transfer. Section 46.07 further permits a person to buy firearms and parts from dealers outside Texas if the person is not otherwise prohibited by law from possessing the weapons.

WHAT IS THE STATUTE OF LIMITATIONS FOR UNLAWFUL TRANSFER OF CERTAIN WEAPONS IN TEXAS?

The limitation period for unlawful transfer of certain weapons classified as a Class A misdemeanor is two years. If categorized as a state jail felony, the limitation period for unlawful transfer of certain weapons is three years.

UNLAWFUL TRANSFER OF CERTAIN WEAPONS IN TEXAS

Giving, selling, or loaning a firearm or other prohibited weapon to a person for whom it is illegal to possess a weapon is a crime in Texas.