Latest news with #SenateBill1362
Yahoo
30-05-2025
- General
- Yahoo
Texas Lawmakers Crush Most Red Flag Firearm Regulations
(Texas Scorecard) – Lawmakers in the Texas House have approved a measure to preemptively prohibit the state from adopting most firearm-related red flag laws. 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.
Yahoo
28-05-2025
- General
- Yahoo
'Anti-Red Flag Act' that would limit when guns can be taken from people advances in Texas House
The Texas House late Tuesday evening preliminarily passed a Senate bill that would prohibit governmental authorities from enforcing extreme risk protection orders, commonly known as red flag laws, unless the Legislature approved them. Senate Bill 1362 would prevent judges and other local officials from seizing firearms in cases where criminal charges have not been filed or where a protective order is not in place under the Texas Family Code, said Republican Rep. Cole Hefner of Mt. Pleasant. 'I would be concerned with a rogue city judge, a county judge, a district judge,' Hefne, the House sponsor of the bill, said during a debate with Austin Democrat Erin Zwiener. 'This is to make it clear that we're not going to violate anyone's right to bear arms.' House members, in an 86-60 vote, approved the bill from Sen. Bryan Hughes, R-Mineola, hours before the deadline to advance Senate bills in the lower chamber. Red flag laws, which have existed in various U.S. states since 1999, typically allow family members or police to formally ask a judge to temporarily seize firearms from an individual who poses a risk to themselves or others. Hefner said the legislation, which Hughes dubbed the 'Anti Red-Flag Act,' was necessary to protect Texans from having their guns taken without due process. Republican Rep. Wes Virdell, a gun rights advocate before he was elected last year, argued in favor of the bill. He cited an example of a Maryland man whom he said had his guns seized illegally by local law enforcement. Democrats were near-unanimous in opposing the legislation. Rep. Ana-Mariía Rodriíguez Ramos, D-Richardson, said red flag laws are broadly popular with liberals, moderates and conservatives. 'This bill puts lives at risk by stripping communities of common-sense tools available to stop violence before it happens,' she said. 'And not only does it eliminate an option for a policy that we don't even have in place in Texas, it criminalizes the people who try to use this approach.' Though Republicans succeeded in passing SB 1362, debate on the bill ate up costly time ahead of the midnight deadline to pass Senate bills. Republicans defeated six proposed Democratic amendments to the bill, but the debate burned almost 90 minutes that could have been spent on other bills, many of them carried by conservative members. The bill needs one more vote in the House before it goes back to the Senate. First round of TribFest speakers announced! Pulitzer Prize-winning columnist Maureen Dowd; U.S. Rep. Tony Gonzales, R-San Antonio; Fort Worth Mayor Mattie Parker; U.S. Sen. Adam Schiff, D-California; and U.S. Rep. Jasmine Crockett, D-Dallas are taking the stage Nov. 13–15 in Austin. Get your tickets today!
