Who Cannot Buy a Firearm Under Texas Law?

Texas has restrictions on the sale, transfer, and possession of firearms that are separate and distinct from the federal restrictions. If a person runs afoul of the law, they could potentially face prosecution in both state and federal court. Here’s a primer from Chapter 6 of Texas Gun Law, Armed And Educated, that specifies our state’s disqualifications for “purchasing” a firearm:

The disqualifications for purchasing firearms under Texas law are contained in section 46.06 of the Texas Penal Code and apply to all transactions in Texas. This section of the Penal Code makes it a crime—a class A misdemeanor or, under certain circumstances, state jail felony—for a person to:

  • sell, rent, lease, loan, or give a handgun to a person that the seller knows intends to commit an unlawful act;
  • intentionally sell, rent, lease, or give (or even offer to do so) a firearm to any child;
  • intentionally, knowingly, or recklessly sell a firearm or ammunition to an intoxicated person;
  • knowingly sell a firearm or ammunition to any person convicted of a felony before the lapsing of five years from release from confinement or supervision;
  • sell, rent, lease, loan, or give a handgun to a person knowing that the person is subject to an active protective order.

If a person falls under any of the categories (see full explanations in the book) listed in the foregoing sections, Texas law makes it illegal for a person to “sell” the other person a firearm. To order the book, click the links below.

tx2Texas Gun Law: Armed and Educated
Paperback: 382 pages
ISBN-10: 0692506500
ISBN-13: 978-0692506509
Texas Gun Law: Armed and Educated Digital Download