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.
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)
- 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.