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This text is from the 1999 Texas Penal Code.
For a more current version of this provision
see the FastLaws Texas Penal Code
.
Renumbered 9/1/94 from 46.07
Sec. 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. (a) [amended 1/1/96] 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) [added 1/1/96] 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) [added 9/1/97] 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) [amended 1/1/96] 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 Chapter 71, 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) [amended 9/1/97] 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.
Eff 9/1/97 in (d) added text beginning with "except that". Before 1/1/96 (a) intro line and (b) provided:
(a) A person commits an offense if he:
(b) For purposes of this section, "intoxicated" means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body.

A D V E R T I S E M E N T S Baker's Legal Pages has no relationship with the advertisers whose ads appear below.

This text is from the 1999 Texas Penal Code.
For a more current version of this provision
see the FastLaws Texas Penal Code
.
Baker's Legal Pages are a public service of Freelance Enterprises, Inc.
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