Law Office of Kimberly N. Shanklin, PLLC.
Serving Denton County Since 2002
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Unlawful Transfer of Certain Weapons

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:

  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; or

  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.

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.

Severity of Crime

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