SB1362 prevents governmental entities in Texas from enforcing “extreme risk protective orders.”
The Senate passed SB1362 on May 30, 2025, by a vote of 20 to 11. We have assigned pluses to the yeas because “extreme risk protective orders,” also known as “red flag orders,” involve confiscating firearms from persons who have not even been charged with a crime. In addition, they effectively mandate universal background checks for all firearm purchases or transfers, enabling government efforts to conduct mass surveillance and create a national gun-owner database. The Second Amendment declares that “the right of the people to keep and bear Arms, shall not be infringed,” whereas the Fifth and the 14th Amendments prohibit “any State” from depriving “any person” of their “liberty, or property, without due process of law.” Thus, “red flag orders” are blatantly unconstitutional, and, like other acts of gun control, should be rendered “null and void.”
