Tex.
Penal Code Section 46.06
Unlawful Transfer of Certain Weapons
Mentioned in
Texas Concealed Carry Gun Laws: CCW & Reciprocity Map
USCCA, September 1, 2021
“As of Sept. 1, 2021, permitless concealed carry and open carry is legal for anyone at least 21 years old who may lawfully possess a handgun.”
Bibliographic info
(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.
Source:
Section 46.06 — Unlawful Transfer of Certain Weapons, https://statutes.capitol.texas.gov/Docs/PE/htm/PE.46.htm#46.06 (accessed Jun. 5, 2024).
