Section 46.14 is the Texas firearm trafficking statute. It targets people who move guns they know were unlawfully acquired — and because "engaging in the business" is satisfied by more than one occasion or by any remuneration, the threshold is lower than the word "smuggling" suggests.
What the Statute Says
(a) A person commits an offense if the person knowingly engages in the business of transporting or transferring a firearm that the person knows was acquired in violation of the laws of any state or of the United States. For purposes of this subsection, a person is considered to engage in the business of transporting or transferring a firearm if the person engages in that conduct: (1) on more than one occasion; or (2) for profit or any other form of remuneration.
(b) An offense under this section is a felony of the third degree, unless it is shown on the trial of the offense that the offense was committed with respect to three or more firearms in a single criminal episode, in which event the offense is a felony of the second degree.
(c) This section does not apply to a peace officer who is engaged in the actual discharge of an official duty.
(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under either or both.
The Two Knowledge Requirements
The State must prove the accused knowingly engaged in the transporting or transferring and knew the firearm was acquired in violation of state or federal law. Both are demanding:
- Transporting a firearm for a friend, without knowledge of how it was acquired, is not the offense.
- Buying and reselling firearms lawfully — a common and legal activity in Texas — is not the offense.
- The unlawful acquisition must be proven, not assumed from the fact that a gun later turned up in a crime.
The Straw Purchase Overlap
These cases most often begin as straw purchase investigations: someone buys firearms for a person prohibited from possessing them, or for onward transfer. That conduct is squarely federal territory — ATF prosecutes it under 18 U.S.C. 922 and related provisions, and federal penalties are frequently more severe. Anyone facing a state charge under this section should assume a parallel federal review. See our federal criminal defense page.
Defenses
No knowledge of unlawful acquisition. The central defense, and usually provable through the circumstances of how the accused came to hold the firearms.
Not "engaging in the business." A single transfer, without remuneration, does not satisfy the statutory definition.
The firearm count. The second-degree enhancement requires three or more firearms in a single criminal episode. Whether transactions separated by time and place form one episode is genuinely contestable, and it is the difference between 10 years and 20.
The search. These investigations rely on vehicle stops, controlled purchases, and informants. Suppression issues are frequently dispositive.
Informant reliability. Cases built on cooperating witnesses working off their own charges deserve close scrutiny of the cooperation agreement.
Related
- Unlawful carrying of weapons (46.02) · Deadly weapon in a penal institution (46.10)
- Engaging in organized criminal activity (71.02)
- Houston federal criminal defense
Charged in Harris County?
Brian Foley is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Harris County Felony Chief Prosecutor; Luis Baez is a former Trial Bureau Chief. Call or text (713) 703-1718 for a free, confidential consultation.