Texas House Passes Anti-Red Flag Act: John Cornyn, Federal Government Hardest Hit

In a decisive win for gun rights advocates, the Texas House passed Texas Gun Rights priority legislation, SB 1362, also known as the Anti-Red Flag Act.

The vote came on second reading Tuesday night, advancing the legislation that would make it illegal for any entity in Texas to enforce, recognize, or fund so-called extreme risk protective orders, otherwise known as red flag gun confiscation orders.

The bill, authored by Sen. Bryan Hughes and carried in the House by Rep. Cole Hefner, weathered a storm of anti-gun amendments from radical Democrats, many of whom used the floor debate to stump for their future campaigns — especially Rep. Vikki Goodwin, who is running to be the Democratic nominee for Lieutenant Governor, and has cozied up to gun control donors in hopes they’ll flood her campaign with cash.

One provision of SB 1362 — which prohibits state and local entities from accepting federal grants to enforce red flag laws — sparked particular outrage from anti-gun Democrats.

During floor debate, Rep. Erin Zwiener lashed out at the measure for blocking federal funds — including those authorized under the Biden-Cornyn Bipartisan Safer Communities Act which incentivizes states to adopt red flag-style confiscation laws.

Her frustration made it clear: the bill wasn’t just a symbolic stand — it directly undercuts the federal gun control regime many in her party hope to expand in Texas.

Despite the anti-gun theatrics, Rep. Hefner stood his ground and successfully fended off every attempt to weaken or dilute the bill, earning praise from gun owners across the state.

What SB 1362 Does

SB 1362 will . . .

• Prohibit all Texas agencies, political subdivisions, and local officials from recognizing or enforcing red flag orders, unless explicitly authorized by Texas law.
• Criminalize enforcement of out-of-state or federal red flag orders — with violators facing state jail felony charges.
• Block the acceptance of federal funds used to enforce gun confiscation laws that violate Texans’ constitutional rights.

The law will ensure that no judge in California, New York, or Washington, D.C. can send an order to seize firearms in Texas without due process or a criminal conviction. It places a bright red line around Texans’ rights and tells the federal government: You’re not welcome here.

Years in the Making…With a Few Betrayals Along the Way

This victory didn’t happen overnight.

Rep. Briscoe Cain, a relentless Second Amendment champion and longtime ally of Texas Gun Rights, first led this charge in the 87th Legislative Session, and in 2023 his HB 1894 was sabotaged from within the Republican Party.

When it came time for a vote in a key House committee, Rep. Sam Harless (Houston) and Rep. Justin Holland (Rockwall) — both Republicans — walked out, giving Democrats the votes needed to kill the bill behind closed doors. Their betrayal drew the ire of gun owners across the state.

Justin Holland was ousted in the 2024 Republican Primary, replaced by conservative firebrand Katrina Pierson, after Texas Gun Rights made sure every voter in Rockwall knew he had killed the bill to ban red flag laws, in addition to voting to advance a gun ban on law-abiding 18- to 20-year-olds.

Harless escaped a primary challenge and interestingly voted in favor of SB 1362 on Tuesday night, likely hoping to appease pro-gun Texans in his district.

From Destruction to Redemption: A New Pro-Gun Path Forward

SB 1362 now heads to third reading, a procedural vote that should be just a formality. From there, it will go to a conference committee, where House and Senate leaders will finalize minor differences in language between the two versions they’ve passed before it heads to Governor Greg Abbott’s desk.

SB 1362 isn’t the only pro-gun victory to come out of the Capitol in the session’s final days. Also advancing: SB 1596 by Sen. Brent Hagenbuch, which removes short-barreled rifles from Texas’ prohibited weapons list — a move Texas Gun Rights is supporting in lockstep with its efforts to remove SBR’s from the National Firearms Act in Washington.

Both of these bills are top legislative priorities for Texas Gun Rights, and they are passing just hours before key deadlines that would have otherwise killed them. “While many good bills like Kyle’s Law and the State Fair Carry Bill didn’t survive, this session ends with a strong note for gun owners,” said Chris McNutt, President of Texas Gun Rights.

“We’ve gone from Republicans codifying pieces of the Biden-Cornyn gun control schemes last session to now pushing back against federal tyranny — and winning.”

SB 1362 is a critical line in the sand, one that sends a message to federal bureaucrats and anti-gun politicians nationwide: Texas will not comply with unconstitutional gun grabs.

The next step? After this bill is signed into law, Texas Gun Rights is pledging to continue dismantling every remaining piece of the Biden-ATF agenda, including the full repeal of the BSCA, NFA, and Gun Control Act of 1968. Texas Gun Rights will be leading that fight — no compromise, no retreat, and no surrender.