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The Texas Legislature has passed legislation aimed at preemptively banning most so-called “red flag” laws, a move cheered by gun rights advocates and decried by opponents as a step backward in efforts to prevent firearm-related violence. Senate Bill 1362 (SB 1362), authored by State Sen. Bryan Hughes (R–Mineola) and sponsored in the House by State Rep. Cole Hefner (R–Mount Pleasant), passed the Texas House by a vote of 86-53-1 and now heads to Governor Greg Abbott’s desk.
While Texas does not currently allow extreme risk protection orders (ERPOs), the bill seeks to prevent any future effort, legislative or judicial, to introduce them at the state or local level, even in partnership with federal agencies. Its passage marks a proactive legislative response to what supporters see as a national trend of encroachment on Second Amendment rights.
What Senate Bill 1362 Does
At its core, SB 1362 prohibits Texas judges and local officials from issuing or enforcing ERPOs that restrict firearm ownership based solely on an assessment of future risk rather than a criminal charge or existing protective order. The bill defines and targets orders that are “not issued on the basis of conduct that resulted in a criminal charge” and that aim to prohibit an individual from owning or possessing a firearm as a preventive measure.
The bill goes further by creating a state jail felony for any government official who attempts to issue or enforce such an order unless explicitly authorized by Texas law. Notably, it also bars local governments from using federal funds to administer or enforce ERPOs, effectively nullifying any attempt to implement red flag policies through federal grants.
This sweeping prohibition includes a provision that would block Texas officials from recognizing or complying with red flag orders issued in other states, raising potential legal challenges under the Supremacy Clause of the U.S. Constitution.
Background and Legislative History
SB 1362 passed the Senate in late March 2025 along party lines, with Republicans united in support. Its progress in the House followed a familiar pattern, marked by strong GOP backing and Democratic opposition. On the House floor, debate over the bill featured extended discussions about civil liberties, due process, gun rights, and public safety.
House Democrats proposed several amendments—largely centered around adding exceptions and clarifying judicial discretion—but most were defeated. The lone adopted amendment, offered by Hefner, ensured that the bill would not interfere with current laws that prohibit firearm possession by individuals subject to domestic violence protective orders.
State Rep. Erin Zwiener (D–Driftwood) challenged the necessity of the bill, pointing out that Texas law does not currently allow ERPOs. Hefner responded that the bill was a preventive measure against local governments or activist judges attempting to circumvent the legislative process.
“I do believe we’ve seen many cities and judges and prosecutors skirt the law, manipulate it, or work around it,” said Hefner during floor debate. “We have to come down here and chase after them to try to rein them back in.”
Support and Opposition
Gun rights advocates and Republican lawmakers championed the bill as a necessary bulwark against future efforts to erode Second Amendment protections. Texas Gun Rights President Chris McNutt called its passage “long overdue” and praised the Legislature for acting to block what he characterized as “anti-gun” tactics increasingly adopted in other states.
State Rep. Wes Virdell (R–Brady) cited the 2018 fatal shooting of 61-year-old Gary J. Willis in Maryland, which occurred during an early morning law enforcement attempt to confiscate firearms under that state’s red flag law. Virdell argued the Maryland case exemplified the dangers of granting the government broad authority to seize weapons without due process.
Supporters also pointed to a 2018 RAND Corporation report summarizing research on ERPOs, which found limited and inconclusive evidence about their effectiveness in reducing gun violence or suicide rates.
Opponents, meanwhile, argued that red flag laws serve a critical function in preventing suicides and mass shootings, particularly when implemented with judicial oversight. State Rep. John Bryant (D–Dallas) called them a reasonable tool akin to restraining orders in domestic violence cases and highlighted research suggesting ERPOs in other states have helped reduce suicide rates.
“It’s very much like a domestic violence protection order,” Bryant said, noting that in states like Indiana and Connecticut, ERPOs were frequently used to prevent suicides and had shown some success.
Critics of SB 1362 also raised concerns about the bill’s constitutionality, especially its potential conflict with federal court orders and the federal government’s authority to regulate firearm transfers through ERPOs.
What Happens Next?
With the House having adopted only a minor amendment, the Senate is expected to concur quickly with the changes. Once that happens, the bill will be sent to Governor Abbott’s desk. If he signs the measure or allows it to become law without a signature, it will go into effect on September 1, 2025.
Abbott has previously expressed skepticism about red flag laws, making it likely that he will support the bill. However, legal challenges, particularly from federal entities or civil liberties groups, may be on the horizon, especially if the law is interpreted to nullify compliance with federal orders.
Final Thoughts
Senate Bill 1362 represents one of the more ideologically charged measures passed during the 89th Texas Legislature, highlighting the deep divide between approaches that prioritize constitutional safeguards and those emphasizing preventative public safety measures.
As more states adopt red flag laws in response to mass shootings and suicide concerns, Texas is positioning itself in the opposite direction, doubling down on constitutional protections and state sovereignty.
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