S.B. 1362, known as the Anti-Red Flag Act, preemptively bars the state from adopting or enforcing most kinds of extreme risk protective orders. ERPOs, as they’re known, allow a judge or magistrate to temporarily restrict a person’s access to firearms — either ones they already own or ones they plan to buy — during a crisis.
The new law prohibits judicial authorities from using a red-flag order in civil cases to confiscate a person’s guns and threatens them with criminal penalties, including jail time, if they try to enforce such an order. Texas judges can still issue ERPOs in criminal cases and for existing domestic violence protection orders.
The Anti-Red Flag Act also seeks to gird against any future federal red-flag law. S.B. 1362 prevents Texas entities from accepting federal dollars to help implement or enforce an ERPO and declares that any federal emergency protective order law that violates Second Amendment rights is unenforceable in Texas.
Texas was already among 29 states that had not adopted a red-flag law for firearms before state Rep. Cole Hefner (R), who sponsored the bill, pitched it as a bulwark against “law-abiding citizens” losing their Second Amendment rights without due process.
“We don’t need magistrates or judges determining, without due process, someone’s constitutional rights,” Hefner said at a committee hearing in May.
Go back a few years and you would never imagine that you needed these laws. For example, why would you need a law that says you can’t chop off the breasts of a healthy young girl? Why would you need a law that says you can’t give children puberty blockers because they’ve been groomed to think they’re the opposite sex? We used to understand that was common sense. Then Democrats went off the deep end. They hate children, they hate America, and they hate you if you don’t agree with them.
Go back a few years and you would never imagine that you needed these laws. For example, why would you need a law that says you can’t chop off the breasts of a healthy young girl? Why would you need a law that says you can’t give children puberty blockers because they’ve been groomed to think they’re the opposite secks*? We used to understand that was common sense. Then Democrats went off the deep end. They hate children, they hate America, and they hate you if you don’t agree with them.
*don’t want to wait on comment moderation