Citation(s) from the GunPolicy.org literature library

State of Texas. 2012 ‘Tex. Penal Code § 46.06(a), etc..’ Firearms Law Database - Private Sales in Texas. San Francisco, CA: Giffords Law Center to Prevent Gun Violence. 3 January

Relevant contents

Private Sales in Texas

Texas has no law requiring a background check on the purchaser of a firearm when the seller is not a licensed dealer. Texas law does, however, state that a person commits a Class A misdemeanor if he or she:

- 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;
- Intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give a firearm to any child younger than age 18. It is an affirmative defense to this charge that the transfer was to a minor whose parent or legal custodian had given written permission for the sale or, if the transfer was other than a sale, the parent or legal custodian had given effective consent. This offense rises to the level of a "state jail felony" (the lowest class of felony under state law) if the firearm involved is a handgun;
- Intentionally, knowingly, or recklessly sells a firearm or ammunition to any person who is intoxicated;
- Knowingly sells a firearm or ammunition to any person who has been convicted of a felony before the fifth anniversary of the later of:
1) the person's release from confinement following conviction of the felony; or 2) the person's release from supervision under community supervision, parole, or mandatory supervision following conviction of the felony;

- 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
- Knowingly purchases, rents, leases, or receives as a loan or gift a handgun while an active protective order is directed to the person…

ID: Q7439

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