Texas unlawful transfer of a firearm — Penal Code § 46.06
Texas unlawful transfer of a firearm is a criminal offense under Penal Code § 46.06. Punishment ranges depending on the specific subsection, prior-conviction enhancements, and statutory aggravators. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.
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Classification: Class A misdemeanor (most transfers); state jail felony when a handgun is sold or given to a child younger than 18, or when a person prohibited from possessing a firearm makes a material false statement on a firearm transfer form
Punishment range: Class A misdemeanor: up to 1 year in county jail and a $4,000 fine for most unlawful transfers. State jail felony: 180 days to 2 years in a state jail and a fine up to $10,000 when a handgun is sold or given to a child younger than 18, or when a person prohibited from possessing a firearm makes a material false statement on a firearm transfer form. Federal Gun Control Act charges may run concurrently.
The controlling statute
Texas Penal Code § 46.06 makes it a crime to transfer a firearm to a person the defendant knows is intoxicated, a minor without parental consent, a convicted felon within five years of release, a person subject to a protective order, or a person who intends to use the firearm in a crime. Sale, gift, loan, lease, and constructive transfers all qualify. Federal Gun Control Act § 922(d) parallels reach the same conduct with stiffer penalties.
Classification & punishment range
| Element | Detail |
|---|---|
| Statute | Texas § 46.06 |
| Cluster | Weapons |
| Classification | Class A misdemeanor (most transfers); state jail felony when a handgun is sold or given to a child younger than 18, or when a person prohibited from possessing a firearm makes a material false statement on a firearm transfer form |
| Range | Class A misdemeanor: up to 1 year in county jail and a $4,000 fine for most unlawful transfers. State jail felony: 180 days to 2 years in a state jail and a fine up to $10,000 when a handgun is sold or given to a child younger than 18, or when a person prohibited from possessing a firearm makes a material false statement on a firearm transfer form. Federal Gun Control Act charges may run concurrently. |
| Last reviewed | 2026-05-15 |
Elements the State must prove
To convict on a Texas § 46.06 charge, the State must prove every element beyond a reasonable doubt:
- Defendant intentionally or knowingly transferred a firearm to another person
- The transferee fell into a prohibited category — intoxicated, minor without parental consent, recent felon, protective-order respondent, or known criminal user
- Defendant knew or should have known of the recipient's status
- Transfer occurred in Texas or affected interstate commerce
Defense strategies
L and L Law Group, PLLC develops the following defense strategies on every Unlawful Transfer of a Firearm case:
- Lack of knowledge — defendant did not know recipient was prohibited
- Parental consent existed for transfer to a minor
- Five-year post-release window had expired for the felon recipient
- Protective order had been dismissed, modified, or expired before transfer
- Transfer was through a licensed FFL with completed Form 4473 background check (compliance defense)
- Fourth Amendment / chain-of-custody challenges to the firearm itself
Enhancements & collateral consequences
Two § 46.06 transfers rise from a Class A misdemeanor to a state jail felony: selling or giving a handgun to a child younger than 18 under § 46.06(a)(2), and a prohibited person's material false statement on a firearm transfer form under § 46.06(a)(7). Federal prosecution under 18 U.S.C. § 922(d) carries up to 10 years and a $250,000 fine. If the transferred firearm is used in a crime, the defendant may face conspiracy or party-liability charges under §§ 7.02 and 15.02. Sale to a known straw buyer triggers federal 18 U.S.C. § 922(a)(6) charges.
Key Legal Terms
- Transfer (§ 46.06)
- Sale, gift, loan, lease, or other constructive change in possession or control of a firearm; includes long-term loans and bailments where the recipient gains practical control.
- Federal Form 4473
- ATF transaction record completed by buyer and FFL at every dealer sale; false statements on Form 4473 are a federal felony under 18 U.S.C. § 924(a)(1)(A).
- Lautenberg Amendment
- 18 U.S.C. § 922(g)(9): federal lifetime firearm ban for misdemeanor crime of domestic violence; runs parallel to Texas § 46.04 felony-in-possession charges.
Frequently Asked Questions
Can I sell a gun to a friend in Texas without a background check?
What is the five-year rule for transferring to a felon?
Can I give my teenage son a rifle in Texas?
Does an inherited firearm need to go through an FFL?
What is a straw purchase under Texas law?
References & Authoritative Sources
About the Authors
Reggie London
Co-Founding Partner · Texas Bar No. 24043514
Reggie London co-founded L and L Law Group with a focus on federal criminal defense, complex felony defense, and TEA/SBEC matters. Licensed in Texas, admitted to TXND and TXED.
Njeri London
Co-Founding Partner · Texas Bar No. 24043266
Njeri London co-founded L and L Law Group with a focus on DWI defense, family violence cases, and juvenile defense. Licensed in Texas, admitted to TXND and TXED.
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