# Tex. Penal Code § 46.06: UNLAWFUL TRANSFER OF CERTAIN WEAPONS > Texas · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_TX_Cpe_C46_S46.06 ## Section - **Citation:** Tex. Penal Code § 46.06 - **Heading:** UNLAWFUL TRANSFER OF CERTAIN WEAPONS - **Jurisdiction:** Texas - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** TX Code / Code pe / Chapter 46 / Section 46.06 ## Text (a) A person commits an offense if the 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; (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; or (7) while prohibited from possessing a firearm under state or federal law, knowingly makes a material false statement on a form that is: (A) required by state or federal law for the purchase, sale, or other transfer of a firearm; and (B) submitted to a firearms dealer licensed under 18 U.S.C. Section 923. (b) In this section: (1) "Intoxicated" means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body. (2) "Active protective order" means a protective order issued under Title 4, Family Code, that is in effect. The term does not include a temporary protective order issued before the court holds a hearing on the matter. (c) It is an affirmative defense to prosecution under Subsection (a)(2) that the transfer was to a minor whose parent or the person having legal custody of the minor had given written permission for the sale or, if the transfer was other than a sale, the parent or person having legal custody had given effective consent. (d) An offense under this section is a Class A misdemeanor, except that: (1) an offense under Subsection (a)(2) is a state jail felony if the weapon that is the subject of the offense is a handgun; and (2) an offense under Subsection (a)(7) is a state jail felony. ## Nearby sections - [Tex. Penal Code § 46.01 § 46.01. DEFINITIONS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cpe_C46_S46.01.md) - [Tex. Penal Code § 46.02 § 46.02. UNLAWFUL CARRYING WEAPONS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cpe_C46_S46.02.md) - [Tex. Penal Code § 46.03 § 46.03. PLACES WEAPONS PROHIBITED.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cpe_C46_S46.03.md) - [Tex. Penal Code § 46.04 § 46.04. UNLAWFUL POSSESSION OF FIREARM.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cpe_C46_S46.04.md) - [Tex. Penal Code § 46.05 § 46.05. PROHIBITED WEAPONS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cpe_C46_S46.05.md) - [Tex. Penal Code § 46.06 § 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cpe_C46_S46.06.md) - [Tex. Penal Code § 46.07 § 46.07. INTERSTATE PURCHASE.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cpe_C46_S46.07.md) - [Tex. Penal Code § 46.08 § 46.08. HOAX BOMBS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cpe_C46_S46.08.md) - [Tex. Penal Code § 46.09 § 46.09. COMPONENTS OF EXPLOSIVES.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cpe_C46_S46.09.md) - [Tex. Penal Code § 46.10 § 46.10. DEADLY WEAPON IN PENAL INSTITUTION.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cpe_C46_S46.10.md) - [Tex. Penal Code § 46.11 § 46.11. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cpe_C46_S46.11.md) - [Tex. Penal Code § 46.12 § 46.12. MAPS AS EVIDENCE OF LOCATION OR AREA.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cpe_C46_S46.12.md) - [Tex. Penal Code § 46.13 § 46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cpe_C46_S46.13.md) - [Tex. Penal Code § 46.14 § 46.14. FIREARM SMUGGLING.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cpe_C46_S46.14.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TX_Cpe_C46_S46.06. Check the current official text before relying on it. Not legal advice.