Section 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 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.Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 768,Sec. 17.005, eff. 9/1/2023.Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 173,Sec. 1, eff. 9/1/2021.Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 1049,Sec. 7, eff. 9/1/2017.Amended By Acts 1999, 76th Leg., ch. 62, Sec. 15.02(f), eff. 9/1/1999.Amended By Acts 1997, 75th Leg., ch. 1193, Sec. 22, eff. 9/1/1997Amended By Acts 1997, 75th Leg., ch. 1304, Sec. 1, eff. 9/1/1997Amended by Acts 1995, 74th Leg., ch. 324, Sec. 1, eff. 1/1/1996Amended by Acts 1985, 69th Leg., ch. 686, Sec. 1, eff. 9/1/1985. Renumbered from Penal Code Sec. 46.07 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. 9/1/1994. Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. 1/1/1974.