Whom Should I Not Give a Firearm To?

Even in a gun friendly state like Texas, if you possess a firearm illegally, you could wind up in serious legal trouble. However, you may also run afoul of gun crimes in other ways. A prosecutor may charge you not for having a gun illegally, but for giving a gun to a person who should not have it under state law. 

Texas law criminalizes the unlawful transfer of weapons. As described by state law, there are certain groups of people that you should never knowingly hand a firearm over to. 


Criminals can commit all sorts of crimes with firearms. Texas law will not only prosecute people who use guns in criminal acts, but will go after people who supply them with the guns they used. However, a person who gives a criminal a firearm must have known that the criminal was going to commit an illegal act or was going to use the gun in an illegal manner. 

People under protective orders 

There are instances when a person may constitute a threat to someone like a family member or a former romantic partner. If so, a court may place a protective order on that person. State law forbids you to hand over a weapon to that person. In addition, you cannot receive a gun from a person who is under a protective order. 

Other prohibited parties 

Texas law prohibits distribution of guns to felons before certain time frames. You may not give a gun to a felon before the fifth anniversary of a prison confinement or release from a form of supervision like parole, whichever one of these comes later. In addition, you cannot give a gun to an intoxicated individual. 

Age can also be a factor. The law criminalizes the giving of a gun to a person under the age of 18. However, state law also explains that a person may offer a defense that the parent or legal guardian of the minor had provided written permission for the sale or transfer to commence. 

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