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Handing Over A Firearm

Penal Code 46.06 — the transfers that are an offense, from a buyer who means harm to a child under 18

  • Selling, renting, leasing, loaning or giving a handgun to someone knowing they intend to use it unlawfully.
  • Selling, renting, leasing or giving any firearm to a child younger than 18 years of age.
  • Selling a firearm or ammunition to a person who is intoxicated.
  • Knowingly selling a firearm or ammunition to a person convicted of a felony, before the fifth anniversary of their release from confinement or supervision.
  • Transferring a handgun to someone known to be the subject of an active protective order.
  • A prohibited person making a material false statement on a licensed dealer's transfer form.
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Those are among the transfers the section makes an offense.

Parental permission. It is an affirmative defense to the transfer to a child that the child's parent or legal custodian gave written permission for a sale, or effective consent for another kind of transfer.

The grades. The offenses are Class A misdemeanors, except that transferring a handgun to a child, and a prohibited person's false statement on a dealer's form, are state jail felonies.

Federal law adds its own rules on transfers, including to people who live in another state, which are not on this page. Whether a particular sale, loan or gift is lawful is a question for a licensed Texas attorney.

Sources for this section (1)
  1. Penal Code 46.06 — Unlawful transfer of certain weapons

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.

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