
The state of Texas is one step closer to prohibiting the enforcement of red flag laws across the state.
On March 26, 2025, the Texas Senate passed SB 1362, which bans the enforcement of red flag laws in municipalities statewide. Specifically, this bill, the “Anti-Red Flag Act”, bars lower levels of government from enforcing red flag orders unless a state-level bill is passed, per a KHOU-TV report.
Red flag laws allow courts to temporarily remove firearms from individuals deemed to pose a significant risk to themselves or others. These orders usually permit the seizure of firearms without requiring criminal charges to be filed against said individual. They allow family members, law enforcement, or other designated parties to petition courts for the temporary removal of firearms when someone is perceived to exhibit concerning behavior.
State Sen. Bryan Hughes (R) introduced SB 1362 to protect Texas citizens’ rights to due process.
The legislation specifically defines red flag orders as those “not issued on the basis of conduct that resulted in a criminal charge for the person who is the subject of the order.”
SB 1362 categorically bars all governmental entities in Texas from recognizing or enforcing red flag orders unless specifically authorized by Texas law. This is applicable to the following individuals and agencies:
- All state government agencies, departments, commissions, bureaus, boards, offices, councils, and courts
- Governing bodies of municipalities, counties, and special districts
- Officers and employees of local governments
SB 1362 additionally prohibits Texas entities from accepting federal funds intended for enforcing red flag laws in the state. One of the most notable facets of SB 1362 is that it subjects individuals to felony charges if they enforce a red flag order against a person in Texas, unless that order was specifically issued under Texas law.
“This bill deals with our Second Amendment rights, well known to people here and across Texas and the country,” Hughes stated during a debate on the Senate floor. He characterized red flag laws as allowing a “person’s firearms to be taken away from them without due process of law.”
Senator Hughes stressed that the bill does not apply to family violence protection orders or cases where criminal charges have been filed.
The bill was passed along strict party lines, with 20 Republicans voting in favor and 11 Democrats opposing. As of the date of this writing, the bill had passed the Senate but still needed to clear the House of Representatives before becoming law. State. Rep. Briscoe Cain introduced a companion bill, HB 162, in the State House.
The House version of the bill appears to have stalled in committee, according to Texas Gun Rights President Chris McNutt. The TXGR president described the Senate’s passage of this as “a huge victory for gun owners” while calling on supporters to pressure House representatives to advance the companion bill.
McNutt added, “Texas Gun Rights will not rest until gun confiscation without due process is prohibited across Texas.”
Kyle Rittenhouse, who was acquitted of homicide charges after shooting two men in self-defense during protests in Kenosha, Wisconsin in 2020, testified in support of SB 1362, stating: “I know first-hand the importance of self-defense and the weight that comes with exercising that right. But I also know how quickly false accusations and misinformation can be weaponized to destroy a person’s life.”
Before SB 1362 entered policy discussions, Texas did not have any red flag legislation or similar measures dealing with them on the books. Interestingly, in 2018, following the Sutherland Springs mass shooting that claimed 26 lives, Governor Greg Abbott had included red flag laws as a potential proposal in his school safety plan, though these proposals never gained much traction in the legislature largely due to pressure from pro-gun organizations and public opposition from Lt. Gov. Dan Patrick.
On paper, HB 162 should be able to pass without problems due to the Republicans holding a 88-62 advantage in the State House.
About José Niño
José Niño is a freelance writer based in Austin, Texas. You can contact him via Facebook and X/Twitter. Subscribe to his Substack newsletter by visiting “Jose Nino Unfiltered” on Substack.com.
from https://ift.tt/OdaN5nq
via IFTTT