Texas Lawmakers Crush Most Red Flag Firearm Regulations
Senate Bill 1362, filed by State Sen. Bryan Hughes (R–Mineola) in the Senate and carried by State Rep. Cole Hefner (R–Mount Pleasant) in the House, was finally passed in an 86-53-1 vote on Wednesday.
The measure would disallow judges from issuing most extreme risk protection orders, also known as 'red flag' orders or ERPOs, which prevent an individual from owning or purchasing a firearm during legal proceedings.
It would also bar local jurisdictions from accepting federal funding to implement or enforce an ERPO. An individual found to be in violation could receive a state jail felony conviction.
Under the measure, the only instances in which a judge could prevent an individual from owning or purchasing a gun during legal proceedings would be in certain firearm-related cases or through existing protective orders.
While Texas courts currently do not issue ERPOs, the measure is intended to prevent the practice, as an increasing number of states have begun to adopt it.
According to Ballotpedia, as of May 2025, 21 states—including California, Colorado, New Mexico, Florida, Indiana, Maryland, and New York—have explicitly enacted laws authorizing courts to issue ERPOs.
SB 1362 'reinforces Texas' commitment to protect the rights of law-abiding citizens, while ensuring due process for all Texans,' Hefner said Tuesday when laying out the measure on the floor.
State Rep. Wes Virdell (R–Brady) shared a story about law enforcement officers in Maryland who visited 61-year-old Gary J. Willis' house in the early morning to confiscate his firearms with 'no actual evidence or due process.'
The visit took a turn after Willis resisted the officers. He was shot and died from his injuries.
Virdell also cited research from the RAND Corporation that summarized various studies on the effectiveness of ERPOs. Overall, the evidence showed inconclusive effectiveness.
After a lengthy point of order, House Democrats proposed a slate of amendments that ultimately failed, including several by State Rep. Vikki Goodwin (D–Austin) seeking to create new exceptions and strike certain provisions.
The only amendment eventually approved was one by Hefner clarifying that existing domestic violence protective orders preventing the purchase or ownership of firearms are not at risk under SB 1362.
State Rep. Erin Zwiener (D–Driftwood) questioned Hefner about the necessity of passing the measure.
'So, I think as I understand it, right now, it would take a law by the State of Texas—us passing a law—for there to be extreme risk protective orders. And after this bill is passed, it would take a law from the State of Texas for us to have extreme risk protective orders,' said Zwiener.
'Well, a rational person would see it that way,' responded Hefner. 'But I do believe we've seen many cities and judges and prosecutors skirt the law, manipulate it, or work around it, come up with new things that we have to come down here and chase after them to try to rein them back in.'
The measure will now be sent back to senators, who are expected to concur with the limited changes ultimately approved by representatives.
Senators initially passed SB 1362 in late March.
Texas Gun Rights President Chris McNutt told Texas Scorecard that lawmakers' passage of the measure was 'long overdue and will help further protect Texans from future anti-gun administrations in D.C.'
He also thanked Hughes, Hefner, State Rep. Briscoe Cain (R–Deer Park), and House Speaker Dustin Burrows (R–Lubbock) for helping to push SB 1362 across the finish line.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Hill
17 minutes ago
- The Hill
‘We need help to restart,' flood victims try to rebuild amid quorum break at Texas Capitol
CENTER POINT, Texas (Nexstar) — Nathan and Audrey Rich, a newly married couple, felt like they had 'adulting' figured out. They were renting a home and a workshop on a property in Kerr County. Audrey worked at the local bank across the street and Nathan ran his diesel repair company out of the workshop. Then the Independence Day Floods happened. The Rich's home, about 1,000 feet from the river bank, took on three feet of water and mud that destroyed the interior of their home, and damaged tools and vehicles inside Nathan's workshop. Both Audrey and Nathan, along with Audrey's parents and brothers, safely evacuated in hip-deep water. Audrey recalled the moment they went back to the home to see the damage. 'We walked in and it broke our hearts,' Audrey said through tears. Their wedding photos were thrown across the front yard. A pool table in the garage with significant value to the couple was ruined. Audrey said she saw Nathan cry for only the second time since they've been together. 'Everybody would come over no matter what the day, and we were the house in the center of all the houses, so everybody would come over and play pool and hang out,' Audrey explained. The couple is now trying to find a new place to live while restarting their business and paying their bills. It looked like they were going to get some help from Austin after Gov. Greg Abbott called on all legislators to come back to the Capitol building in a special session. One of the 18 items on the agenda was 'relief funding for Hill Country Floods.' However, those efforts have been put on pause as Democrats and Republicans battle over redistricting proposal that would give Republicans an advantage to pick up five additional seats in Congress ahead of the 2026 midterms. More than 50 Texas House Democrats fled the state to block any votes from happening. A process known as breaking quorum. Looking for financial help The couple has moved into a camper located on one of their friend's property and is taking one day at a time. Nathan said he applied for help through FEMA as soon as his internet was restored. An inspector with FEMA and their insurance company came out to look at the damage. Audrey said they were able to get $10,600 from FEMA for the personal property they lost. However, they estimate there was about $60,000 worth of damage done to the house and the workshop. Nathan started applying for grants through local groups and county governments and was able to secure about $30,000 worth solely for his business. He is not sure he would've gotten that money if it wasn't for his business. But the couple has not had the best luck getting money for their living situation. The Community Foundation of the Hill Country began doling out millions of dollars to different groups to help first responders, schools, businesses, and families impacted by the floods. The foundation granted the Center Point Alliance for Progress $200,000 to allow them to distribute the money to families impacted in Center Point. Susan Walker, the alliance's treasurer, said 58 families applied for funds. 'We have a committee that actually went to their houses to verify that they did have damage,' Walker explained. The group also was gifted private donations that increased their fund to about $270,000. Walker said the alliance is giving out money in two phases. The first phase cut a $2,500 check for each family that applied. For the Riches, that money paid one month of rent for the workshop. 'We don't have the money to just rebuild, go buy a house, go rent somewhere,' Audrey said. 'We need help to restart.' In total, Walker said their fund will be able to pay each family about $4,500 to $4,600, but she understands more needs to be done to help people. 'It would be nice for our government to want to help but we're going to try to make sure they're taken care of regardless,' Walker said. Collateral damage Kerr County residents waiting for funds to come from the state are becoming collateral damage as a political drama plays out in Austin. Texas Democrats have vowed to prevent quorum until the first special session is ended. Speaker of the House Dustin Burrows, R-Lubbock, said Friday will be the last chance for Democrats to come back to the Texas House floor. If a quorum is not met, both chambers will end the session and Abbott has vowed to call another special session immediately beginning Friday. Both sides have pointed fingers at each other when it comes to the lack of legislative help for the flood victims. Republicans have regularly criticized Democrats for leaving the state. Abbott posted on his X account Wednesday, 'These representatives were elected to cast votes not run away from their responsibilities.' On the other side, Texas Democrats have accused Abbott and Republican leadership of using the floods as leverage to get a new congressional map passed to appease President Donald Trump. On Tuesday, nine Senate Democrats walked out of the chamber just before it considered and approved the controversial redistricting map that started the quorum break. 'That's why we walked out – because this session should only be about flood relief, and we refuse to engage in a corrupt process,' the group said in a released statement. Some House Democrats have even argued the governor has the power to transfer money within different state departments to help provide relief for flood victims. State Rep. Armando Walle, D-Houston, wrote an opinion piece in the Houston Chronicle where he said, 'Gov. Abbott has the power to make that happen efficiently, and without inappropriately tying this tragedy up in partisan politics or political games.' Shannon Halbrook, a fiscal policy analyst at Every Texan, a nonpartisan policy advocate, confirmed the governor does have the power to transfer money to different state agencies during an emergency. It's a process called budget execution. 'The governor has to make a proposal to the Legislative Budget Board, which is a state agency that's in really in charge of the budget made up of members of the legislature, and then they review it,' Halbrook explained. It has been used in the past. Halbrook said in the 2022-2023 biennium there was $415 million moved around for some behavioral health support for the Uvalde victims, and then $1.3 billion was moved around for Operation Lone Star. But Halbrook said the governor can not execute this power when the legislature is in a regular or special session. One day at a time The Riches say they are not too focused about what's happening in Austin. 'I got way more going on than to sit and watch the news and be mad at Democrats or be mad at Republicans, or whatever,' Nathan said.
Politico
an hour ago
- Politico
Newsom goes all-in for Texas Hold'em
FIRE WITH FIRE — California is about to take center stage in a national redistricting arms race, as Democratic state leaders gear up to release a redrawn congressional map and mount a statewide campaign to persuade voters to approve it — which new polling suggests could be an uphill fight. Gov. Gavin Newsom, congressional Democrats and legislative leaders will gather in Los Angeles County this morning where they're expected to unveil the next phase of their plan to counter President Donald Trump and Republicans' effort to gerrymander Texas' congressional districts ahead of next year's midterm elections. The event doubles as an unofficial campaign launch as Newsom and Democratic power brokers embark on a herculean fundraising blitz. Political insiders estimate they must raise upward of $100 million — in less than three months — to mount a statewide campaign to sell it to voters. 'Next week the Legislature is going to move this forward .... we're going to get it on a special election on Nov. 4 and we're going to fight fire with fire,' Newsom said on the latest episode of his podcast, which featured former Texas Rep. Beto O'Rourke. POLLING RAISES DOUBTS: But new polling suggests that persuading Californians — who created the state's Independent Redistricting Commission in 2008 — to reverse course and give state lawmakers the power to redraw a map mid-decade will be difficult, as POLITICO's Melanie Mason reports this morning. By nearly a 2-to-1 margin, voters prefer keeping an independent line-drawing panel to determine the state's House seats, according to the latest POLITICO-Citrin Center-Possibility Lab survey. Just 36 percent of registered voters back returning congressional redistricting authority to state lawmakers. 'It's not surprising, in the sense that California has voted twice for this independent review commission not all that long ago,' Jack Citrin, a veteran political science professor at UC Berkeley and partner on the poll, told Melanie. 'And there's a lot of mistrust and cynicism about politicians and the Legislature.' Last week, legislators were briefed on an internal survey by Newsom's pollster, David Binder, which found a redistricting measure with multiple elements that will appear in the Democrats' proposal — including designating the new maps as temporary and valid only if Texas proceeds — started with slim majority support (52 percent). It grew in popularity when the messaging became more overtly partisan, a strategy Democrats have already signaled. Still, as Melanie writes, the wariness of lawmaker-drawn maps captured in the poll suggests headwinds for Newsom and Democrats. DEMS GET IN LINE: But Democratic leaders are confident they have the votes to get a constitutional amendment and proposed map through the California Legislature, as Blake and POLITICO's Lindsey Holden scooped. Lawmakers are expected to vote next week — and Democrats who expressed earlier objections have quickly backed down. Two-thirds of members have to approve the plan within days of returning from recess Monday in order to meet the secretary of state's Aug. 22 ballot deadline. Democrats in Congress have also lined up behind the plan, with Reps. Zoe Lofgren and Pete Aguilar shaping the delegation's early strategy. And Former House Speaker Nancy Pelosi has already started making fundraising calls to her large donor network, according to a person familiar who was granted anonymity to speak candidly. 'The good thing is you're seeing consolidation among the Democrats,' said Bill Wong, a veteran Democratic consultant. 'They really have to put aside whatever egos or agendas are out there.' Hakeem Jeffries, the Democratic leader in the House, touted California's plan as an example of how Democrats have 'courageously stepped forward in defense of a free and fair midterm election,' he told Playbook in a statement. GOP TARGETS IN SIGHT: Draft maps suggest five of California's nine incumbent Republican House members could be targeted, including Reps. Darrell Issa, Ken Calvert, Kevin Kiley, Doug LaMalfa and David Valadao. Their districts would likely be redrawn to include more Democratic voters — and to counteract the five GOP seats Republicans hope to gain in Texas. 'This is a bad deal for Republicans overall,' said Matt Rexroad, a Sacramento-based Republican strategist and redistricting attorney. Despite voter support for independent redistricting, he said he fears the GOP faces a losing quest fighting Newsom at the ballot box in a low-turnout special election. Rexroad added, 'It's going to be Newsom versus Trump. (Newsom) gets to raise $100 million with unlimited contributions and appear in every TV spot.' GOOD MORNING. Happy Thursday. Thanks for waking up with Playbook. Like what you're reading? Sign up to get California Playbook in your inbox, and forward it to a friend. You can also text us at 916-562-0685 — save it as 'CA Playbook' in your contacts. Or drop us a line at dgardiner@ and bjones@ or on X — @DustinGardiner and @jonesblakej. WHERE'S GAVIN? In Los Angeles County for his redistricting news conference. Watch here at 11:30 a.m. BIG NEWS: On Wednesday, Aug. 27, POLITICO is hosting its inaugural California policy summit. At The California Agenda, some of the state's most prominent political figures including Sen. Alex Padilla, Katie Porter and Xavier Becerra will share the stage with influential voices in tech, energy, housing and other areas to chart the path forward for a state at the forefront of critical policy debates. The live and streamed event is free, but advanced registration is required. Request an invite here. MORE ON REDISTRICTING REDISTRICTING RECEIPTS — Democrats' plan to gerrymander Republicans like Inland Empire Rep. Ken Calvert out of office won't come cheap — and local elections officials in Calvert's district say they'll need extra resources to pull it off. The Riverside County Registrar of Voters responded to Calvert's request for details by estimating a special election will cost $15 million to $16 million. It predicted that both the November vote and enacting a new map — if the voters approve it — would mean a 'significantly increased workload' and require more funding. A 2021 special recall election cost about $200 million statewide. — Jeremy B. White Meanwhile … Fresno County Clerk James Kus estimates that the special election could cost his county $4 million, as GV Wire reports. 'My biggest concern is not the deadlines but the state paying for this election,' Kus said. Lucky for local governments … A suite of redistricting legislation being released in the coming days is expected to include reimbursements for their election costs. (Other planned legislative vehicles are said to include a constitutional amendment that would create a Nov. 4 ballot measure and a proposal outlining the new congressional map — which is slated to be released later this week.) Unlucky for California Democrats … A representative for the nascent opposition campaign said Charles Munger — who spent more than $10 million in 2010 to strip California lawmakers of their power to draw House lines — will help supply 'the resources necessary' to 'vigorously defend' independent redistricting. And Munger is listed as an official for an updated opposition committee. CLIMATE AND ENERGY BLOWING A GASKET — Gas prices are back on the legislative agenda, but this year, Newsom and lawmakers have even more proposals to keep refineries open and reduce sticker shock at the pump. Read last night's California Climate to see how energy experts are thinking about all of the concepts — from in-state drilling to new fuel blends — on the table. Top Talkers WORKING WOMEN — ICE is looking for a 'women-owned small business' to create a social media campaign for the agency's 14,050-person recruitment spree, The San Francisco Standard reports. ICE is targeting women-owned small businesses because they 'are historically underrepresented in federal procurement.' NOT-SO-NEIGHBORLY — Some residents of the upscale Palo Alto neighborhood where Meta CEO Mark Zuckerberg has acquired several homes are losing patience with the compound, SFGate reports. Some neighbors said they've been questioned by his security team while walking around the neighborhood. They also expressed concern about the school that Zuckerberg was operating within one of the homes that allegedly violated Palo Alto city code. AROUND THE STATE — The Los Angeles Unified School District will open the new school year deploying volunteers and school police to protect children in the wake of federal immigration enforcement actions. (The Los Angeles Times) — Huntington Beach police starting next month plan to use drones as first responders rather than officers for some calls. (The Orange County Register) — A federal judge denied San Diego County's request to dismiss parts of a class-action lawsuit over county jails' safety. (The San Diego Union-Tribune) Compiled by Juliann Ventura PLAYBOOKERS SPOTTED: MARTIN AT MANNY'S — DNC Chair Ken Martin was in San Francisco on Tuesday for a fundraising swing, which included a stop at Manny's in the Mission, a popular watering hole for political events. According to an attendee, who was granted anonymity to discuss a private event, Martin expressed support for Newsom's redistricting effort and 'emphasized a need for active resistance and to cast out the consideration of compromise or following the 'old rules.'' MEDIA MOVES — California's capital city has a new local news source! The digital outlet 'Abridged' will launch Sept. 16, publishing daily newsletters and posts on its new website. The Sacramento nonprofit will be supported by local PBS station KVIE and run by a staff dominated by local media alumni. Former Bee reporter and editor Ryan Lillis helped found the venture and will serve as associate general manager, news at the station. Longtime Bee Capitol Bureau Chief Dan Smith will serve as news editor and will be joined by food and drink writer Benjy Egel, who is rebooting his popular newsletter on the local restaurant scene and assuming the role of senior food editor. Contributors will include Bee alums Chris Macias, Phillip Reese and Brianna Taylor as well as ex Bloomberg California tax whiz Laura Mahoney. PEOPLE MOVES — The Plastics Industry Association is adding Hodayah Finman as senior director of regulatory affairs. Finman previously was acting director of the EPA's Office of International Affairs. BIRTHDAYS — former Rep. Tom Campbell (R-Calif.) … Darren Goode … Tiffany Stecker-Gustavson … Spike Whitney … Sara Sadhwani at Pomona College … BELATED B-DAY WISHES — (was Tuesday): Jorge De La Cruz at First 5 California WANT A SHOUT-OUT FEATURED? — Send us a birthday, career move or another special occasion to include in POLITICO's California Playbook. You can now submit a shout-out using this Google form.
The Hill
an hour ago
- The Hill
DC residents heckle authorities at checkpoint amid ramped-up federal presence
Federal law enforcement agents in Washington were heckled Wednesday as tensions rise in the nation's capital over President Trump's moves to take over the local police force. A group of protestors near the 14th St. NW corridor, where the agents established a vehicle checkpoint, shouted out or held up signs with phrases such as 'Go home, fascists' and 'Get off our streets,' The Associated Press reported. The group also encouraged drivers to take other routes to avoid the officers, according to the news wire. National Guard vehicles were also spotted near the National Mall early Thursday, according to NewsNation's Cameron Congdon. Trump announced on Monday that his administration would take federal control of Washington's police force, citing 'out-of-control' crime and violence in the city. The president also deployed hundreds of National Guard service members to the district a day later to assist with patrolling the streets. On Wednesday, Trump signaled he would go before Congress to ask for an extension on his federal takeover. Under Washington's ' Home Rule Act,' the president can only take authority over the local police department for up to 30 days without the approval of lawmakers. 'And we're going to be asking for an extension on that, long-term extensions, because you can't have 30 days. Thirty days is, that's, by the time you do it — we're going to have this in good shape,' he said, adding, 'We're going to do this very quickly, but we're going to want extensions.' 'I don't want to call a national emergency. If I have to, I will. But I think the Republicans in Congress will approve this pretty much unanimously,' the president added. Senate Minority Leader Chuck Schumer (D-N.Y.) pushed back on the sentiment, arguing that Democrats would not go along with Trump's request. 'No f‑‑‑ing way,' Schumer told podcaster Aaron Parnas. 'We'll fight him tooth and nail. 'He needs to get Congress to approve it, and not only are we not going to approve it, but there are some Republicans who don't like either,' he added. Other Democrats, including local authorities, have also criticized the administration's efforts as 'unprecedented' and 'unnecessary,' citing data showing that crime in the district is declining.
