Unlawful Transfer of Certain Weapons: Texas Penal Code §46.06

The Texas Unlawful Transfer of Certain Weapons offense makes it illegal to sell or give away a handgun to someone who you know is going to use it illegally.

The law also prohibits giving certain weapons to children, selling firearms and ammunition to people who are intoxicated, selling guns to felons and people under protective orders, and as of 2021, making a material false statement on a form to transfer a firearm while you are prohibited from possessing a firearm.

The Texas legislature codified this criminal offense in Texas Penal Code Section 46.06. The legislature updated this law in 2017, 2021 and 2023. The 2023 made only a nonsubstantive amendment to correct a reference to the definition of a firearms dealer under the U.S. Code.

The Penal Code codifies the Texas Unlawful Transfer of Certain Weapons law under Title 10 “Offenses Against Public Health, Safety, and Morals,” Chapter 46 “Weapons.” Learn more about the Texas offense of Unlawful Transfer of Certain Weapons below.

What is the current Texas law about Unlawful Transfer of Certain Weapons?

The current Texas law defines the offense of Unlawful Transfer of Certain Weapons in Penal Code Section §46.06 as follows:^[1]

(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.

This law was amended in 2017 by the 85th Texas Legislature. Prior to this amendment, subsection (a)(2) covered “illegal knives,” but it now covers “location-restricted knives.”^[2]

The law was amended again in 2021. This amendment enacted subdivision (7) – see above.^[3] Under the same bill that enacted subdivision (7), the legislature created a new penalty enhancement.

What if the parents consented to the sale?

The statute provides that if you prove to a jury that the parents consented to the sale of the weapon to the child, then you can avoid a conviction under (a)(2) if you received written consent from the parent.^[4]

How can I be charged with an Unlawful Transfer of Certain Weapons offense in Texas?

You can be charged with Unlawful Transfer of Certain Weapons in Texas if the state’s attorneys believe that each of the elements of 46.06(a) as described in the section above have been met.

What is the statute of limitation for Unlawful Transfer of Certain Weapons in Texas?

Unlawful Transfer of Certain Weapons offenses have a three-year limitations period.^[5]

What is the penalty for a Texas Unlawful Transfer of Certain Weapons offense?

A conviction for Unlawful Transfer of Certain Weapons in Texas is punished as a Class A misdemeanor unless one of the state jail felony enhancements apply.^[6] One state jail felony enhacement applies if you are convicted under subsection (a)(2) for giving a handgun to a child.^[7] Another state jail felony enhancement, effective as of September 1, 2021, applies to convictions under subsection (a)(7).^[8] Learn about the differences between grades of felonies and misdemeanors

In addition, prosecutors may seek a one classification-level enhancement for this and all other Chapter 46 offenses under the Weapon-Free School Zone Law by proving beyond a reasonable doubt that you committed the offense in a place that you knew was within 300 feet of the premises of a school or at an official school function or game.^[9]

Can you get probation for Unlawful Transfer of Certain Weapons in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Unlawful Transfer of Certain Weapons, and judges are also allowed to accept deferred adjudication plea deals.^[10]

Note, however, that judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.^[11]

What level of crime is Unlawful Transfer of Certain Weapons in Texas?

The Penal Code classifies Unlawful Transfer of Certain Weapons as either a state jail felony or a third degree felony.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §46.06. This law is current as of the 88th Legislature Regular Session.^2. HB 1935, 85th Legislature, Section 7^3. SB 162, 87th Legislature, Section 1^4. Texas Penal Code §46.06(c)^5. See Code of Criminal Procedure 12.01(9)^6. Texas Penal Code §46.06(d)^7. Texas Penal Code §46.06(d)(1)^8. Texas Penal Code §46.06(d)(2), as enacted by SB 162, 87th Legislature, Section 1^9. §46.11, Texas Penal Code^10. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^11. Art. 42A.054(b), Texas Code of Criminal Procedure