Public Hearing on Red Flag Orders Scheduled

Red Flag orders usually involve seizure of a person’s firearms by the government. They go directly against the Second Amendment. Oftentimes, the seizure does not come with notice or a hearing.

But a public hearing is being held on an anti-red flag act. A hearing on SB 1362 has been scheduled for Monday, March 10, in the Senate Committee on State Affairs. SB 1362 (Hughes), a companion bill to HB 162 (Cain), relates to the prohibition of extreme risk protection orders.

If passed, the bill would prevent all Texas governmental entities from recognizing or enforcing red flag orders, unless explicitly authorized by Texas law. The bill will also stop any Texas entities from accepting federal funds for enforcement of red flag laws in Texas.

SB 1362 includes:
  • Prohibition on Local Regulation: Governmental entities and officials will not be allowed to enforce red flag orders unless explicitly permitted by state law,
  • Non-Enforcement of Certain Federal Laws: This will ensure that any regulation, rule, or statute that enforces a red flag order is unenforceable and has no effect in Texas.
  • Prohibition on Accepting Federal Grants: Federal money cannot be accepted to implement, enforce, or administer federal red flag statutes, orders, rules, or regulations.
  • Criminal Offense: It would become a state jail felony for anyone who enforces or attempts a red flag order against a person in Texas, unless the order was issued under Texas law.

TSRA Members are encouraged to email the members of the Senate Committee on State Affairs in support of SB 1362.

Members:
Paul Bettencourt
Brian Birdwell
Bob Hall
Adam Hinojosa
Mayes Middleton
Tan Parker
Charles Perry
Charles Schwertner
Judith Zaffirini

The public hearing is scheduled for 9:00 on Monday. It will be livestreamed on the Texas Senate website.
 
Story by TSRA PAC Legislative Team 
March 7, 2025