According to attorney William Kirk, President of Washington Gun Law, Texas isn’t just resisting the anti-gun trend seen in other states – it’s taking bold steps forward. In his recent video, Kirk detailed three bills passed by the Texas legislature that he says don’t just protect Second Amendment rights – they actively expand them. In an era when many states are tightening restrictions, Texas is going the opposite way.
Senate Bill 1362: Red Flag Laws Banned
The first of the three bills, Senate Bill 1362, takes aim at red flag laws – also known as extreme risk protection orders. These laws allow courts to temporarily take firearms from individuals deemed a threat, often without due process. According to Kirk, SB 1362 flatly prohibits any Texas entity, from police departments to municipalities, from adopting or enforcing red flag measures unless explicitly authorized by state law. And since the bill itself bars such authorization, it effectively outlaws red flag laws in Texas altogether.
A Word of Caution on Supremacy Clause Risks
However, Kirk also offered a warning. While praising the bill’s clear stance, he noted that one particular paragraph may invite legal trouble. That section declares any federal red flag law “unenforceable” in Texas if it infringes on constitutional rights. “You kind of went a little Missouri here,” Kirk said, referencing Missouri’s earlier failed attempt at a Second Amendment Preservation Act. In that case, a similar clause was struck down under the Supremacy Clause of the U.S. Constitution. Kirk suggests Texas may have overreached and exposed itself to the same legal risks.
Senate Bill 706: Full Reciprocity for Concealed Carriers
The second major move comes with Senate Bill 706. Under this law, Texas will recognize concealed carry permits from every other U.S. state, even if they don’t have a formal reciprocity agreement in place. “That license is good in the great state of Texas,” Kirk said, describing it as a welcoming gesture to lawful gun owners nationwide. But the bill goes even further – it requires the governor of Texas to seek out new reciprocity agreements so that Texans can carry in more states too. That proactive stance sets Texas apart.
The Texas Mindset: Hospitality Meets Firearms Freedom
While many states are reluctant to expand carry rights, Kirk emphasized that Texas is trying to be inclusive. SB 706 isn’t just about Texans; it’s about recognizing the rights of every responsible gun owner who enters the state. As Kirk put it, “It’s a great piece of legislation” that gives visitors the same legal respect as residents – something few other states are willing to do.
Senate Bill 1596: Legalizing Short-Barreled Rifles
Perhaps the most controversial of the three, Senate Bill 1596, rewrites Texas law to remove short-barreled rifles from the list of prohibited or heavily regulated weapons, at least under state law. That means Texans can legally own short-barreled rifles (SBRs) without needing them registered with the ATF, according to Texas statutes. Kirk explained that this bill modifies Penal Code 46.05, which previously listed SBRs as banned unless registered federally.
State vs. Federal Law: A Legal Tightrope
Kirk stressed, however, that SB 1596 does not negate federal NFA requirements. “It does not remove that requirement for federal law,” he said. If you possess an unregistered SBR, you might be safe under Texas law, but still breaking federal law. That’s a risky position for any gun owner. Kirk applauded the symbolism and intent of the bill but urged caution: “You can’t be held criminally liable by the state of Texas, but federal law still applies.”
Effective Date Matters More Than You Think
There’s also a key detail in SB 1596 that many might overlook. The new law only applies to offenses committed after it goes into effect. If someone can prove you possessed an unregistered SBR before that date, you could still face charges under the older version of the law. “The date you came into possession of that [firearm] is going to be really critical,” Kirk warned.
Expanding Rights, Not Just Defending Them
Throughout the video, Kirk praised Texas for doing more than just holding the line. “It is so refreshing to find a state that is not only willing to fortify its citizens’ Second Amendment rights, but to actually expand them,” he said. These new bills aren’t defensive – they’re aggressive steps toward restoring the full intent of the Second Amendment. Kirk noted that few states are willing to take that leap anymore.
A Contrast to the “Dirty Dozen” States
Kirk compared Texas to the “dirty dozen” anti-gun states, where legislatures frequently pass bills that restrict gun rights. Unlike those states, he argued, Texas is leading by example. And it’s not just one symbolic bill – it’s a coordinated legislative effort across multiple areas: red flag laws, carry reciprocity, and NFA items. “You might want to grab a napkin or a paper towel,” he joked, “because you’re going to be salivating.”
Texas Is Putting Its Values Into Law
What stands out most to me is how Texas isn’t just talking about Second Amendment values – it’s putting them into law. These aren’t performative gestures. They’re real changes with tangible legal impact. And while there may be legal risks, especially in how state and federal laws clash, the state is making a bold statement: Gun rights are not negotiable.
The Texas Blueprint for 2A Protection
William Kirk’s analysis made one thing clear – Texas has provided a blueprint for other states that truly want to protect and expand the rights of lawful gun owners. From SB 1362’s bold stand against red flag laws, to SB 706’s inclusive reciprocity, to SB 1596’s redefinition of prohibited weapons, Texas is showing what political willpower can accomplish.
As Kirk put it, “Back to the point that our founding fathers actually contemplated.” At a time when many feel the Second Amendment is under siege, Texas is proving that the right kind of leadership still exists – and still acts.
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.
