Texas Penal Code - Section 46.06. Unlawful Transfer Of Certain Weapons
Legal Research Home >
Texas Lawyer > Penal Code > Texas Penal Code - Section 46.06. Unlawful Transfer Of Certain Weapons
§ 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. (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 any firearm, club, or illegal 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.
(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 an offense under Subsection (a)(2) is a state jail
felony if the weapon that is the subject of the offense is a
handgun.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1985, 69th Leg., ch. 686, § 1, eff. Sept. 1,
1985. Renumbered from V.T.C.A., Penal Code § 46.07 and amended
by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
Amended by Acts 1995, 74th Leg., ch. 324, § 1, eff. Jan. 1, 1996;
Acts 1997, 75th Leg., ch. 1193, § 22, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1304, § 1, eff. Sept. 1, 1997; Acts 1999,
76th Leg., ch. 62, § 15.02(f), eff. Sept. 1, 1999.
Section: 46.01 46.02 46.03 46.035 46.04 46.041 46.05 46.06 46.07 46.08 46.09 46.10 46.11 46.12 46.13
Last modified: August 11, 2007
|
