2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 46 - Weapons › Section 46.06. Unlawful Transfer of Certain Weapons

Sec. 46.06.  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 firearms dealer licensed under 18 U.S.C. Section 923.
(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:
(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.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1985, 69th Leg., ch. 686, Sec. 1, eff. Sept. 1, 1985.  Renumbered from Penal Code Sec. 46.07 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.  Amended by Acts 1995, 74th Leg., ch. 324, Sec. 1, eff. Jan. 1, 1996;  Acts 1997, 75th Leg., ch. 1193, Sec. 22, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1304, Sec. 1, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 62, Sec. 15.02(f), eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1049 (H.B. 1935), Sec. 7, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 173 (S.B. 162), Sec. 1, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 17.005, eff. September 1, 2023.