The Lone Star State has some of the most well-known firearm rights in the country, but it also has strict gun transfer laws that regulate who can legally sell, give, or lend firearms.
Violating these laws, whether intentionally or unintentionally, can lead to serious criminal consequences. Let the Law Office of Philip D. Ray help you understand your rights and build a solid defense.
Legal Representation for Unlawful Transfer of a Weapon
Under the Texas Penal Code § 46.06, unlawful transfer of a weapon occurs when someone sells, rents, leases, loans, or gives a firearm or certain prohibited items to a person who is not legally allowed to have them. This includes:
- Giving or selling a firearm to a minor
- Transferring a firearm to someone who is intoxicated
- Providing a weapon to someone known to have a felony
- Selling a firearm to someone planning to use it unlawfully
- Handing over a weapon to a person under a protective order
Even if the transfer seems harmless, Texas laws can classify the transfer as unlawful if the recipient is not legally eligible to possess firearms. Contact the Law Office of Philip D. Ray for more information on gun transfer laws in Texas, and discuss how we can help defend your rights.
Facts About Gun Transfer Laws in Texas
Texas allows people to buy, sell, or give firearms under many circumstances without requiring a federal background check between private parties. However, gun transfer laws in Texas do impose important restrictions to prevent dangerous or unlawful transfers.
In many cases, federal firearms laws overlap with gun transfer laws in Texas. For example, making a false statement on paperwork when buying or transferring a gun can result in state and federal charges. Because the rules vary depending on the type of firearm, the relationship between the parties, and the buyer’s background, it’s easy for well-intentioned people to face charges for technical violations.
Criminal Penalties for Unlawful Transfer of a Weapon in Texas
The penalties for unlawful transfer of a weapon in Texas depend on the circumstances. Transferring a weapon to a minor or an intoxicated person can result in up to one year in jail and a $4000 fine —a Class A misdemeanor.
Selling or giving a firearm to someone you know who intends to commit a crime can mean up to two years in state jail and a $10,000 fine — a felony. Providing firearms to gang members or those under protective orders can carry up to 10 years in federal prison.
A conviction of unlawful transfer of a weapon in Texas can also result in loss of gun rights, significant personal and professional consequences, and permanent criminal records.
Explore Possible Defenses for UTW Charges
Texas law requires the prosecution to prove the transfer of a weapon and your knowledge or intent beyond a reasonable doubt. Some potential defenses, therefore, include lack of knowledge and insufficient evidence to prove the prosecution’s case.
If your rights were violated during a search, seizure, or interrogation, key evidence can be excluded from trial. Or if law enforcement persuaded you into making a transfer you would not have otherwise made, entrapment may be a valid defense. Every case is unique, but the right defense strategy relies on the facts. Let us evaluate the evidence and aggressively pursue the best defense to protect your freedom and your record.