One year ago, Texas lawmakers did something the Radical Left never thought they would: they banned “Red Flag” gun confiscation laws outright.
Senate Bill 1362 — carried by Senator Bryan Hughes and Representative Cole Hefner — made Texas one of the first states in the nation to formally prohibit so-called “Extreme Risk Protection Orders.”
The legislation was a long-standing priority of Texas Gun Rights and originally authored by Representative Briscoe Cain, who led the charge to stop pre-crime gun confiscation in the Lone Star State.
Texas drew a line in the sand.
And yet, here we are again.
On this year’s Democrat Primary ballot, Proposition 13 reads:
“Texas should prevent individuals with a history of domestic abuse from purchasing firearms by implementing ‘red flag’ laws.”
The same policy Texas voters and lawmakers just rejected — repackaged in softer language and pushed through a partisan ballot measure.
What Are “Red Flag” Laws?
Red flag laws allow the government to seize firearms from individuals who have not been convicted of a crime — often before they have even had a chance to defend themselves in court.
In most states that have adopted red flag statutes:
An accusation is filed.
A judge issues an order without the accused present.
Law enforcement confiscates firearms.
The burden shifts to the gun owner to prove they are not dangerous.
No jury.
No conviction.
No prior notice before property is taken.
That is government confiscation based on an allegation — not a criminal conviction.
And that is exactly why Texas banned it.
SB 1362 Did NOT Change Domestic Violence Law
Here’s what Democrats are conveniently leaving out.
Texas already prohibits convicted domestic abusers from possessing firearms.
State law and federal law make it illegal for someone convicted of domestic violence — or subject to certain qualifying protective orders — to own a firearm.
SB 1362 did not alter the Texas Family Code.
It did not weaken protections for victims.
It did not remove penalties for abusers.
What it did was prevent the creation of a separate system allowing constitutional rights to be suspended without full due process.
Texas chose to enforce existing law — not create a parallel system of pre-crime confiscation.
Why Proposition 13 Matters
Proposition 13 is advisory. It does not automatically change Texas law.
But it is a political signal.
It is a test balloon.
And in a midterm election year — when Democrats are openly hoping to flip legislative seats in Austin — the timing is no accident.
If Democrats gain ground in the Texas House, red flag legislation will be back. Again. Dressed up in emotional rhetoric and backed by the national gun confiscation lobby.
Texas Gun Rights President Chris McNutt didn’t mince words.
“Texans just banned red flag gun confiscation last year,” McNutt said.
“But the Radical Left never stops. They don’t care that these laws shred due process or that convicted abusers are already prohibited from owning firearms. They will keep pushing until they can suspend your Second Amendment rights based on nothing more than an accusation. That’s why our fight never ends. We must stay vigilant — especially in a midterm year when Democrats are hoping to flip seats in Austin and undo everything we’ve worked for.”
The Fight Never Ends
Red flag laws are not about safety. They are about power — the power to suspend a constitutionally protected right before guilt is established.
Texas rejected that model in 2025.
Now Democrats are trying to revive it through Proposition 13.
The question isn’t whether the Left will keep pushing gun confiscation.
The question is whether gun owners will remain vigilant enough to stop them.
Chip in today to help Texas Gun Rights defend the Second Amendment — without compromise.
