Taking Sides on SB 1362: A Hot Button Issue in Texas Legislature
Texas lawmakers pursue legislation to prohibit enactment of 'red flag' firearm restrictions within the state
Deep in the heart of Texas, the legislative scene is buzzing over Senate Bill 1362, also known as the "Anti-Red Flag Act." This puppy aims to pull the plug on extreme risk protective orders (ERPOs) in the Lone Star State. The bill has taken a stride forward, getting engrossed on March 27, 2025[2], and recently received a nod from the Texas House Criminal Jurisprudence Subcommittee, paving the way for a full House discussion[3][4].
So, what's all the fuss about? Let's dive in!
Guns Galore: The Case for SB 1362
Keep Your Guns, Keep Your Rights
Supporters of the bill argue it's a sound move to protect the rights of law-abiding citizens while ensuring due process. They see ERPOs as a government power grab and a threat to the Second Amendment[4]. Some also worry about potential abuse of ERPOs, leading to unjust firearm seizures without enough evidence or due process.
The Ringmaster: Rep. Cole Hefner (R-Mt. Pleasant)
Rep. Hefner, the bill's proud sponsor, shares these sentiments[1]. "To me, it's about strengthening due process and protecting the rights of law-abiding citizens," says Hefner. "We just need to enforce the laws on the books, and we don't need magistrates or judges determining someone's constitutional rights without due process."
The NRA's Take
Nick Tuccio, state director of the National Rifle Association, echoes Rep. Hefner's views[1]. "The NRA stanchly believes that the removal of a person's fundamental, constitutionally protected right to keep and bear arms must occur only through a process that rigorously respects due process in the rule of law."
No Red Flags: The Counterarguments
Public Safety First
Critics of SB 1362 argue that ERPOs are a crucial tool for eliminating potential threats, preventing mass shootings, homicides, and suicides[3]. They believe that such a bill would undermine public safety by denying the authorities the power to temporarily remove firearms from individuals deemed a danger to themselves or others.
Due Process? Check!
Opponents also highlight that ERPOs involve a court process, which provides due process safeguards[3]. They argue that claims of unchecked government seizures are misleading and that the bills are built to have process.
A Shot in the Wrong Direction
With over 4,000 gun deaths annually in Texas[3], opponents worry that banning ERPOs would exacerbate the problem rather than solve it.
What's next, you ask? The Texas House Criminal Jurisprudence Subcommittee has greenlit the legislation; now it's time for the full Texas House to weigh in. Stay tuned, y'all!
- The supporters of Senate Bill 1366, also known as the "Anti-Red Flag Act", view it as a measure to safeguard the rights of law-abiding citizens and ensure due process, whilst considering ERPOs as a government power grab that threatens the Second Amendment.
- Rep. Cole Hefner, the bill's sponsor, has expressed his support for SB 1362, stating that the bill aims to strengthen due process and protect the rights of law-abiding citizens, expressing concern about potential abuse of ERPOs leading to unjust firearm seizures.
- Critics of SB 1362 argue that ERPOs are crucial tools for eliminating potential threats, preventing mass shootings, homicides, and suicides, and that the bill would undermine public safety by denying authorities the power to temporarily remove firearms from individuals deemed a danger to themselves or others.
- Opponents of SB 1362 also claim that ERPOs involve a court process which provides due process safeguards and express concern that banning such orders would exacerbate Texas's annual gun-related death toll of over 4,000, rather than solving the problem.
