Texas is sending a strong message to Washington, D.C. and other pro-gun control states: red flag laws are not welcome here. As reported by Texas Scorecard’s Luca Cacciatore, lawmakers in the Texas House are advancing Senate Bill 1362, a measure designed to prohibit courts from issuing red flag orders unless tied to a specific criminal charge. The bill, introduced by Sen. Bryan Hughes (R–Mineola), aims to eliminate any possibility of future red flag legislation creeping into the state.
Red flag laws, also called extreme risk protection orders (ERPOs), allow a judge to order the temporary seizure of firearms if someone is deemed a danger to themselves or others. Critics argue that these orders often lack due process, and Texas lawmakers want to make sure their courts aren’t part of it.
SB 1362: Drawing the Legal Line
SB 1362, referred to as the “Anti-Red Flag Act,” goes a step beyond rejecting red flag laws. It proposes penalties for any jurisdiction that accepts federal funding to implement ERPOs. According to Cacciatore’s reporting, anyone found in violation of the act could face a state jail felony, including up to two years in jail and a fine of $10,000.
State Rep. Cole Hefner (R–Mount Pleasant), who presented the bill to the House Criminal Jurisprudence Committee, said the purpose of the measure is simple: protect constitutional rights while upholding due process. “SB 1362 reinforces Texas’s commitment to protecting the rights of law-abiding citizens,” Hefner said.
NRA and Gun Rights Advocates Applaud the Move
Nicholas Tuccio, the state director for the National Rifle Association, testified in favor of the bill, emphasizing the importance of clear legal standards. “It is absolutely vital to recognize that the orders that this bill addresses are specifically defined as those not issued on the basis of conduct that resulted in a criminal charge,” Tuccio explained.
He went on to say that the NRA “staunchly believes that the removal of a person’s fundamental, constitutionally protected right to keep and bear arms must occur only through a process that rigorously respects due process and the rule of law.”
CJ Grisham, representing Texas Gun Rights, also spoke up at the hearing. He pointed to the inconsistent legal thresholds in other states that already enforce red flag laws, such as New York and Oregon. In some places, he said, all it takes is a neighbor’s affidavit to initiate an ERPO. “That’s not due process,” he said bluntly.
Critics Call for More Clarity, Not Total Rejection
Molly Voyles, director of public policy for the Texas Council on Family Violence, didn’t take a position for or against SB 1362 but urged caution. She noted that her organization was working with Sen. Hughes on revised language. “Family violence protective orders are not affected by this bill,” Voyles said, but she added, “We believe it’s critical this measure be completely explicit so there can be no confusion.”
Meanwhile, Nicole Golden, executive director of Texas Gun Sense, openly opposed the bill, arguing that red flag laws provide a balance between due process and proactive safety measures. “ERPOs authorize the temporary removal of firearms while respecting procedural safeguards,” she stated.
Guns & Gadgets: “Texas Is Doing the Right Thing”
Second Amendment advocate Jared Yanis of the YouTube channel Guns & Gadgets praised the Texas legislature’s boldness in a recent video. “Another state is stepping up to protect citizens from unconstitutional backdoor gun grabs,” Yanis said. “Texas just moved one step closer to banning red flag laws. And if you believe in the Constitution, this matters.”
He echoed the concerns of many gun owners across the country: red flag laws often allow authorities to take guns without a trial, charge, or even notice to the owner. “These laws shred your due process rights,” Yanis warned. “They treat you as guilty until proven innocent.”
A National Trend Texas Doesn’t Want to Join
Yanis outlined that 21 states and Washington, D.C. currently have red flag laws on the books. These include California, Illinois, New York, and Oregon. Some, like Maine, have “yellow flag” laws – a lighter version of ERPOs that involve police and medical evaluations.
But Texas is joining a smaller group of states, including West Virginia, Oklahoma, Tennessee, and Wyoming, that have enacted anti-red flag legislation, effectively banning the policy outright. Jared Yanis emphasized, “Let’s grow this trend. Let’s reverse the tide.”
“Don’t Weaponize the Courts”
Rep. Cole Hefner put it plainly, saying, “We just need to enforce the laws on the books. We don’t need judges deciding without due process to take away someone’s constitutional rights.” Jared Yanis praised this approach, arguing that truly dangerous individuals should be charged, arrested, and proven guilty in court, not disarmed in secret through vague affidavits and unproven accusations.
“If someone’s really a threat, charge them. Arrest them. Prove it in court beyond a reasonable doubt,” Yanis said. “But don’t weaponize the courts to strip people of their rights.”
Fear of Abuse, Lack of Oversight
Yanis also pointed to troubling examples from states like Florida, where red flag laws have reportedly been abused. “They never tell you how often these laws are misused,” he said, “or how little oversight there is.” He warned that red flag orders could be initiated by disgruntled exes, angry neighbors, or activist judges with little to no accountability.
Texas lawmakers seem to agree. SB 1362 is designed to ensure that no gun can be taken away without a charge and a trial – something most Americans would assume is already guaranteed under the Constitution.
Not Just a Texas Issue
Although the focus is on Texas, Jared Yanis made it clear that this is part of a national battle. “If Texas can shut the door on red flag laws, it sends a message to the ATF, to D.C., and to every anti-gun activist that we’re done giving up our rights in the name of safety.”
He encouraged viewers from other states to share the Texas example with their lawmakers and demand similar bills. “This isn’t about politics. It’s about freedom. It’s about your ability to defend yourself without being treated like a criminal.”
When Safety Becomes an Excuse
The most compelling part of this debate is how both sides claim to defend life. One side says red flag laws save lives by intervening early. The other says that same process violates the rights that protect every life in a free country. Here’s the problem: if due process is the cost of safety, how much safety do we really have?
When you can lose your firearms, your primary means of self-defense, based on a claim from someone you may never face in court, then your rights become paper-thin. Texas is choosing a firmer standard: criminal charges, not accusations, should trigger court action.
What Happens Next?
As of May 8, 2025, Texas Scorecard reports that SB 1362 was left pending in the House Criminal Jurisprudence Committee. The Senate has already passed it, and pressure is building from both gun rights advocates and everyday Texans to get it to the floor.
If it passes the House and is signed into law, Texas will become the sixth state to officially ban red flag laws, drawing a constitutional line in the sand that other states may soon follow.
This isn’t just about one bill. It’s about whether America still believes that rights apply to everyone, even the accused, and that liberty doesn’t have to be sacrificed for security. Guns & Gadgets and Texas Scorecard have brought much-needed attention to a debate that affects every gun owner and every citizen who values fairness, freedom, and due process.
Whether you agree or not, this much is certain: Texas isn’t backing down.
A former park ranger and wildlife conservationist, Lisa’s passion for survival started with her deep connection to nature. Raised on a small farm in northern Wisconsin, she learned how to grow her own food, raise livestock, and live off the land. Lisa is our dedicated Second Amendment news writer and also focuses on homesteading, natural remedies, and survival strategies. Lisa aims to help others live more sustainably and prepare for the unexpected.
