A bill that significantly limits the enforcement of so-called “red flag” laws — officially known as Extreme Risk Protection Orders (ERPOs) — is headed to Gov. Greg Abbott’s desk following final passage in the Texas House.
Senate Bill 1362, authored by Sen. Bryan Hughes (R-Mineola), passed the Texas House in a party-line vote of 86-53 on Tuesday after clearing the Senate in March. The bill prohibits any judge, state official, or local government entity in Texas from issuing or enforcing an ERPO unless it is based on conduct that has already resulted in a criminal charge.
The bill also aims to prevent Texas authorities from recognizing or acting on ERPOs issued in other states or by federal authorities, unless explicitly authorized under Texas law. Furthermore, it establishes a felony offense for any official who attempts to serve an ERPO that violates these restrictions.
Supporters of the legislation — dubbed by some as the “anti-red flag act” — argue that it protects Second Amendment rights and safeguards due process.
“Senate Bill 1362 safeguards Texans’ constitutional rights by banning the recognition or enforcement of red flag orders,” said Rep. Cole Hefner (R-Mount Pleasant), who presented the bill in the House. “It reinforces Texas’ commitment to protect the rights of law-abiding citizens while ensuring due process for all Texans.”
The bill was widely supported by Republicans, but it sparked significant criticism from Democratic lawmakers and mental health and gun safety advocates. Critics say red flag laws provide a vital tool for preventing suicides, domestic violence, and mass shootings by temporarily removing firearms from individuals deemed a threat to themselves or others.
“Red flag laws are not radical,” said Rep. John Bryant (D-Dallas), who proposed an unsuccessful amendment to weaken the bill. “They are protective measures akin to domestic violence restraining orders — and they are being used in other states primarily to prevent suicide.”
Bryant cited data from states like Connecticut and Indiana, where ERPOs have been associated with reductions in suicide rates. He also emphasized that Texas currently has no provisions to issue ERPOs, meaning the legislation mainly serves to block recognition of such orders from other states.
“There are no red flag laws in Texas,” Bryant noted. “What this bill really does is tell judges and law enforcement they can’t help enforce protective orders issued in states where they do exist — even if someone from out of state brings a credible threat to Texas.”
Opponents also argue that the bill could face legal challenges for conflicting with federal law. Because it may prohibit the enforcement of federally issued ERPOs, critics say it could run afoul of the Supremacy Clause of the U.S. Constitution, which holds that federal law overrides state statutes in cases of conflict.
Backers of the bill, however, remain steadfast in their view that red flag laws are an overreach. They argue that allowing firearm seizures without a criminal conviction undermines civil liberties and sets a dangerous precedent.
The legislation will now head to Gov. Abbott, who is expected to sign it. If enacted, the law will go into effect on September 1, 2025.
What Are Red Flag Laws?
Red flag laws, currently enacted in over 20 states, allow courts to temporarily restrict access to firearms for individuals deemed a danger to themselves or others. Orders are typically initiated by family members or law enforcement and must be approved by a judge. They are often compared to restraining orders used in domestic violence cases.
