Law Office of Kimberly N. Shanklin, PLLC.
Serving Denton County Since 2002
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Firearm Smuggling

Firearm Smuggling

Chapter 46 of the Texas Penal Code defines charges and punishments for weapon related offenses.

“Firearm Smuggling”, as per § 46.14 of the Texas Penal Code, occurs when a person knowingly engages in the business of transporting or transferring a firearm that the person knows was acquired in violation of the laws of any state or of the United States.  For purposes of this subsection, a person is considered to engage in the business of transporting or transferring a firearm if the person engages in that conduct:

  • on more than one occasion; or

  • for profit or any other form of remuneration.

An offense under this section is a felony of the third degree, unless it is shown on the trial of the offense that the offense was committed with respect to three or more firearms in a single criminal episode, in which event the offense is a felony of the second degree.

This section does not apply to a peace officer who is engaged in the actual discharge of an official duty.

If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

Severity of Crime

Third Degree Felony

  • Imprisonment in the institutional division for not more than 10 years or less than two years

  • In addition to imprisonment, may receive a fine not to exceed $10,000

Second Degree FelonY

  • Imprisonment in the institutional division for not more than 20 years or less than two years

  • In addition to imprisonment, may receive a fine not to exceed $10,000