Unlawful Transfer of Certain Weapons
Chapter 46 of the Texas Penal Code defines charges and punishments for weapon related offenses.
“Unlawful Transfer of Certain Weapons”, as per § 46.06 of the Texas Penal Code, occurs when a person:
- 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;
- 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;
- intentionally, knowingly, or recklessly sells a firearm or ammunition for a firearm to any person who is intoxicated;
- 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;
- 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
- 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.
An offense under this section is a Class A misdemeanor, except that an offense under Subsection 2) is a state jail felony if the weapon that is the subject of the offense is a handgun.
Punishment Range
Misdemeanor A
- Confinement in jail for a term not to exceed one year
- Fine not to exceed $4,000
- Both such fine and confinement
State Jail Felony
- Confinement in a state jail for not more than two years and not less than 180 days
- In addition to confinement, may receive a fine not to exceed $10,000