It’s the kind of government overreach that gun owners have warned about for years: Red Flag laws being used to confiscate firearms from innocent Americans — and now, children are being targeted, too.

In Michigan, a state that recently enacted a sweeping Red Flag law, authorities have already confiscated firearms from a family because of an eight-year-old child’s behavior.

You read that correctly. A minor’s actions triggered the confiscation of his mother’s legally owned, securely stored firearms. The mother wasn’t accused of committing any crime. She wasn’t even the subject of the Red Flag order. But Michigan’s law is so broad that it allows authorities to disarm anyone living in the same home as the accused, regardless of guilt or involvement.

Michigan State Senator Mallory McMorrow defended the confiscation, saying that the law was designed to be broad and that this kind of enforcement is intentional. That should alarm every American who values the right to self-defense and due process.

This isn’t about stopping crime. It’s about government control, pure and simple.

Could This Happen in Texas?

While Texas does not have an official ‘Red Flag’ law, it is not immune to this kind of bureaucratic abuse. In fact, Texas already has red flag-style provisions in place through protective orders that can result in firearm confiscation without full due process. Though not as expansive as Michigan’s law, these measures set a concerning precedent for government overreach.

Fortunately, Texas lawmakers have stepped up. Senator Bryan Hughes has filed SB 1362 to ban the enforcement of Red Flag laws in Texas — an identical companion to HB 162 by Representative Briscoe Cain in the Texas House.

And SB 1362 is already moving. It recently received a critical hearing in the Texas Senate, setting the stage for a major battle over Second Amendment rights in Austin.

Senator Hughes didn’t mince words. He warned that Red Flag laws “violate fundamental rights and due process,” making it clear that these laws are not about public safety but about government control. If passed, SB 1362 would prevent Texas officials from participating in any federal Red Flag initiatives, protecting Texans from unjust gun confiscations.

Why Red Flag Laws Are a Threat to Freedom

Red Flag laws don’t just target dangerous criminals. They target anyone accused of being a threat, without a trial, without a conviction, and without the accused even being present to defend themselves. Worse, these laws have expanded to allow the government to confiscate firearms from innocent family members living in the same household.

Even military veterans have faced the consequences of Red Flag-style actions. Veterans who suffer from PTSD or have simply received assistance with managing their financial affairs have found themselves flagged, even if they have committed no crime or haven’t even exhibited threatening behavior.

These individuals, who have bravely defended our nation, risk being unjustly stripped of their Second Amendment rights simply because of a mental health diagnosis or bureaucratic judgment. Such actions not only violate due process but also disrespect the service and sacrifice these veterans have made.

These laws are being enforced before any evidence is presented. Before a court hearing. Before anyone has a chance to speak in their own defense. And as Michigan shows, even children can be the trigger for firearm confiscation that impacts entire families.

Here’s what Red Flag laws actually do:

• No Trial, No Conviction: Firearms can be confiscated before any crime is committed.
• Limited Defense Opportunities: Gun owners often lose their rights without any opportunity to defend themselves in court.
• Third-Party Impact: Entire households can be disarmed, even if only one person is accused of being a threat.

Will Red Flag Laws Reduce Crime?

Supporters of Red Flag laws argue that they’re necessary to prevent violence, but the evidence doesn’t back it up. There is no clear proof that these laws prevent crime. However, there is ample evidence that they violate due process and property rights, while undermining the trust that law-abiding citizens have in government institutions.

If existing criminal laws can’t prevent a violent crime, stripping constitutional rights from innocent people certainly won’t either.

The Battle in Texas

The hearing for SB 1362 on March 10 was a pivotal moment for Texas, giving it an opportunity to lead by example and show the rest of the country that due process and constitutional rights should be defended, not discarded.

Texas must not wait for the first innocent family here to face the same injustice experienced in Michigan. The time to act is now, before a tragedy rooted in government overreach strikes closer to home.

Click here to sign your petition to your elected officials, encouraging them to ban red flag style laws in Texas.