By Chris McNutt
Texas is on the verge of striking a major blow against red flag gun confiscation laws, as Senate Bill 1362 (SB 1362) was successfully voted out of the Senate State Affairs Committee without amendment on Monday. But while progress is being made in the Senate, the battle is far from over—because the Texas House isn’t even lifting a finger to advance its companion bill, HB 162.
SB 1362, sponsored by Senator Bryan Hughes, would make it illegal for any Texas agency or local government to enforce or assist in the enforcement of red flag laws, which allow the government to seize firearms from law-abiding citizens without due process. If passed, this bill would ensure that Texas remains a firewall against gun confiscation.
But while SB 1362 is advancing, its House counterpart, HB 162, authored by Representative Briscoe Cain, appears to be stalling…and it might be intentional.
HB 162 was referred to the House State Affairs Committee, even though the more favorable House Homeland Security, Public Safety & Veterans Affairs Committee is historically responsible for handling the overwhelming majority of firearms-related legislation in the Texas House.
So the quicker the Senate passes SB 1362, the easier it will be to ramp up pressure on the House to take immediate action.. Not a single hearing has been scheduled for it, leaving Texans wondering whether House leadership intends to let the bill die in committee.
Chris McNutt, President of Texas Gun Rights, emphasized the urgency of the situation:
“SB 1362 moving forward is a great step in the right direction, but let’s be clear—the Texas House hasn’t done anything on HB 162. Not even a hearing. The Senate must act quickly on SB 1362 to increase pressure on House Republicans to advance the bill and protect Texas gun owners from unconstitutional, due-process shredding laws.”
Red Flag Laws: A Direct Assault on Due Process
Red flag laws allow guns to be confiscated from individuals who haven’t committed a crime and haven’t been convicted of anything—all it takes is an accusation. Under these laws, a judge can order the seizure of firearms without the gun owner even knowing they’ve been accused until armed government agents show up at their door.
It’s guilty until proven innocent, and it’s happening in states across America.
SB 1362 would ensure that Texas will never participate in these due-process violations, barring state and local officials from enforcing red flag laws. But unless the Texas House steps up, these protections may never reach the governor’s desk.
Lt. Governor Dan Patrick Holds the Key
Now that SB 1362 has passed committee, it’s up to Lt. Governor Dan Patrick to schedule the bill for a full vote on the Senate floor. The sooner the Senate acts, the sooner pressure can be ramped up on the Texas House to finally move HB 162.
Texas Gun Rights is urging gun rights supporters to contact their senators and demand immediate action on SB 1362. Texas Gun Rights is also mobilizing supporters to sign petitions and flood the House with demands to act on HB 162.
“The anti-gun Left will do everything in their power to stall this bill,” McNutt warned. “That’s why gun owners need to make their voices heard now before Republican leadership lets it die.”
If the Senate passes SB 1362 quickly, it will send a clear message to House Republicans that Texans will not accept delays or excuses. The focus now shifts to the Texas House, where lawmakers must decide whether to respond to grassroots pressure or allow the bill to stall in committee.
One thing is certain: the fight to ban red flag laws in Texas is far from over.
