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Texas Unlawful Transfer of a Firearm Defense Lawyers
Texas allows private firearm sales and transfers without a background check but that does not mean all transfers are legal. Under Texas Penal Code §46.06, it is a criminal offense to sell, rent, lease, loan, or give a firearm to certain categories of people. These charges frequently arise from private sales where the seller did not know (or should have known) the buyer was prohibited, from family transfers that went wrong, and from straw purchase investigations.
Prohibited Transfers
Under §46.06, a person commits an offense if they:
Transfer to a Minor
Selling, renting, or giving a firearm to a person under 18 years of age is a Class A misdemeanor (up to 1 year in jail, fine up to $4,000). An exception exists for transfers with the effective consent of the minor’s parent or legal guardian for lawful purposes such as hunting, sport shooting, or ranching activities.
Transfer to a Person Under Indictment or Convicted Felon
Selling, renting, or giving a firearm or ammunition to a person the transferor knows is under indictment for or has been convicted of a felony is a Class A misdemeanor. If the firearm is subsequently used in the commission of a felony, the transfer may be prosecuted as a more serious offense.
Transfer to an Intoxicated Person
Selling or giving a firearm to a person the transferor knows is intoxicated is a Class A misdemeanor. This provision is less commonly charged but applies in bar-adjacent and party contexts where firearms and alcohol mix.
Straw Purchases
A “straw purchase” occurs when a person who is legally eligible to buy a firearm purchases one on behalf of a prohibited person. While Texas does not have a specific state straw purchase statute, these transactions are vigorously prosecuted under federal law (18 U.S.C. §922(a)(6)), which makes it a felony to make a false statement on ATF Form 4473 in connection with a firearm purchase. The penalty is up to 10 years in federal prison. Attorney James Lee Bright handles federal straw purchase cases.
Deandra Grant Law – Criminal & DWI Defense Helps Residents across Texas with Criminal Defense Matters – Including: Allen , Arlington, Belton, Cleburne, Collin County, Dallas, Denton, Fairview, Fort Worth, Frisco, Gainesville, Granbury, Hood County, Johnson County, Lewisville, Little Elm, McKinney, Park Cities, Parker County, Plano, Princeton, Richardson, Rockwall, Rowlett, Royse City, Southlake, Sunnyvale, The Colony, Waco, and Weatherford.
Common Scenarios
Private Sales at Gun Shows or Online
Texas allows private (non-dealer) firearm sales without a background check. A private seller who sells to a person they do not know may later learn the buyer was a convicted felon, a person under a protective order, or a minor. If the seller knew or should have known the buyer was prohibited, they face criminal charges.
Family Transfers
Parents, grandparents, and other family members who give firearms to younger relatives may face charges if the recipient is under 18, is a prohibited person due to a prior conviction, or uses the firearm in a crime. The family relationship does not create an exemption from the transfer restrictions.
Lending a Firearm
Lending a firearm to a friend for hunting, home defense, or sport shooting can result in charges if the friend turns out to be a prohibited person or uses the weapon in a crime. The lender may be charged with unlawful transfer even though the loan was temporary.
Defense Strategies
- Lack of knowledge. The prosecution must prove the defendant knew the recipient was a prohibited person, a minor (without parental consent), or intoxicated. If the defendant had no reason to know the recipient’s status, the knowledge element fails. Doug investigates what the defendant knew at the time of the transfer and whether any red flags were present.
- Parental consent exception. Transfers to minors with the effective consent of a parent or guardian for lawful purposes are not prohibited. Doug presents evidence that the transfer was made with appropriate consent.
- Challenging the “transfer” element. Did a transfer actually occur? Allowing someone to hold or examine a firearm at a gun store or range may not constitute a “transfer” under the statute. Doug evaluates the specific facts to determine whether the statutory definition of transfer is met.
- Federal straw purchase defense. For federal straw purchase charges, Attorney James Lee Bright challenges the prosecution’s evidence that the Form 4473 statement was false, that the defendant was the actual buyer, or that the defendant intended to transfer the firearm to a prohibited person at the time of purchase.
- Many transfer cases involve family members or friends who made a well-intentioned but illegal decision. Mitigation presents the defendant’s intent, relationship to the recipient, and the context that led to the transfer which may influence prosecutorial decisions and sentencing.
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Protect Your Rights — Contact Deandra Grant Law Today
If you or someone you love is facing firearm charges in Texas, contact Deandra Grant Law for a free, confidential consultation. Attorney Douglas Huff clients against state firearms charges. For federal firearms cases, Attorney James Lee Bright provides experienced federal defense in the Northern and Eastern Districts of Texas. Our forensic credentials and 30+ years of experience give you a defense team equipped to handle any weapons charge.
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