(Texas Scorecard) – Drawing a clear line in the sand on gun rights, the Texas Senate has passed a bill that would make it illegal for state or local officials to enforce federal red flag laws, going so far as to criminalize cooperation with such orders.
Senate Bill 1362, dubbed the “Anti-Red Flag Act” and authored by State Sen. Bryan Hughes (R–Mineola), passed the Senate on a party-line vote of 20-11.
The legislation prohibits the recognition, enforcement, or service of extreme risk protective orders—court orders that restrict an individual’s access to firearms without a criminal conviction. It also bars local governments from accepting federal funding to implement or enforce such orders and declares them “unenforceable” within state lines.
Violating the measure would carry serious consequences: anyone attempting to enforce a red flag order from another state or federal authority could face a state jail felony.
Critics of red flag laws argue they trample on due process and Second Amendment rights, allowing firearms to be seized based on accusations alone. Supporters say the measures are tools to prevent mass shootings and suicides.
Chris McNutt, the president of Texas Gun Rights, said that while the Senate’s passage of the bill was a huge victory for gun owners, the battle isn’t over.
“HB 162, the House Companion bill, has been stalled in the Texas House with no sign of life after being assigned to what seems to be a kill committee,” McNutt told Texas Scorecard.
That legislation was authored by State Rep. Briscoe Cain (R-Deer Park) and was referred to the State Affairs committee nearly a month ago, where it has yet to receive a hearing.
“It is critical for every pro-gun Texan to encourage their representatives to support this critical legislation before it is too late. Texas Gun Rights will not rest until gun confiscation without due process is prohibited across Texas,” McNutt stated.
The Senate bill now heads to the Texas House for consideration.