Texas gun owners just got some major news out of Austin—State Senator Bryan Hughes has filed SB 1362, the “Anti-Red Flag Act,” to ban red flag-style gun confiscation laws in Texas.
This legislation is significant not just because it would prohibit any attempts to strip Texans of their firearms without due process, but also because Senator Hughes is Chairman of the State Affairs Committee, which is the Senate’s primary committee responsible for handling gun-related bills. This means SB 1362 is primed for a committee hearing and a strong push through the Texas Legislature, especially since the committee is made up of ten Republicans and only one Democrat.
Additionally, SB 1362 is identical to HB 162, which was filed by Rep. Briscoe Cain, making this a perfect companion bill to ensure that Texas rejects any and all forms of red flag-style gun confiscation — if leadership in both chambers takes action.
Banning Red Flag Laws: The #1 Legislative Priority for Texas Gun Rights
Gun owners in Texas have spoken loudly and clearly: Banning Red Flag Laws is the #1 legislative priority for Texas Gun Rights this session. This was determined after TXGR surveyed its members in early 2024, and the overwhelming response was that red flag gun confiscation is the biggest hot-button issue facing gun owners in Texas.
Chris McNutt, President of Texas Gun Rights, explained the urgency:
“Gun owners in Texas are sick and tired of weak Republicans talking about supporting the Second Amendment while allowing red flag laws to creep in through the back door. Banning red flag laws must be a top priority, and we are proud to see Senator Hughes and Representative Cain leading the charge on this critical legislation.”
What Are Red Flag Laws and Why Are They Dangerous?
Red flag laws, also known as Extreme Risk Protection Orders (ERPOs), allow the government to seize firearms from law-abiding citizens without due process—meaning a gun owner does not have to be convicted of a crime, accused of a crime, or even given a chance to defend themselves before their rights are stripped away.
These laws are frequently used by the left to weaponize the legal system against gun owners. In many cases, judges issue firearm confiscation orders based on mere accusations, often in one-sided hearings where the gun owner is not even present.
This is one of the biggest issues where weak Republicans typically cave to the left, often because the gun control lobby misleadingly frames red flag laws as “keeping guns out of the hands of dangerous people.” Even “red states” like Florida experienced the passage of a “red flag” law with the support of 67 “NRA A-Rated” Republicans, shortly after the Marjory Stoneman Douglas school shooting in Parkland, FL in 2018. In reality, these laws strip law-abiding gun owners of their constitutional rights with zero due process and have been used as a political weapon against conservatives, veterans, and gun owners across the country.
Texas Already Has De Facto Red Flag Policies
While Texas does not have an official statewide red flag law on the books, the state already enforces red flag-style confiscation policies through the use of protective order laws, which allow judges to strip Texans of their gun rights without a criminal conviction or due process in certain cases.
The Veterans Administration (VA) has also been operating de facto red flag-style policies for years, stripping tens of thousands of veterans of their Second Amendment rights simply for being diagnosed with PTSD or even for having assistance with their finances. Many of these veterans have never been charged with a crime, never threatened anyone, and never had their cases reviewed by a judge, yet their names are dumped into the National Instant Criminal Background Check System (NICS) as prohibited persons.
SB 1362 and HB 162 would end these abuses in Texas once and for all.
How SB 1362 and HB 162 Would Protect Texans
SB 1362 and HB 162 would ban all forms of red flag-style gun confiscation in Texas by:
Prohibiting any state or local agency from enforcing or assisting in the enforcement of a red flag law
Banning the acceptance of federal dollars tied to red flag gun confiscation programs
Ensuring due process protections for all Texans, preventing gun confiscation without a criminal conviction
Blocking the enforcement of any federal red flag law in Texas
While there is no immediate threat of a federal red flag law being passed now that Joe Biden is out of office, this legislation is critical to ensure that future administrations do not attempt to push red flag laws on Texas.
“The political establishment in Austin and D.C. are always looking for ways to compromise away our rights, and red flag laws are one of the first places they look to surrender,” said Chris McNutt, President of Texas Gun Rights. “But with Republican majorities in both chambers of the Texas Legislature and in Congress, there is no excuse for inaction. Now is the time to ban red flag laws.”
Gun Owners Must Take Action!
With Senator Hughes leading the charge in the Senate and Representative Cain pushing in the House, gun owners have a unique opportunity to ban red flag laws in Texas in 2025.
TAKE ACTION: Gun owners must remain vigilant and engaged. The political establishment will not move unless it is pushed.
