State Bans Red-Flag Laws

In a decisive move celebrated by Second Amendment advocates, Texas Governor Greg Abbott has signed into law two bills that bolster gun rights and limit state cooperation with federal firearms restrictions. The legislation bans the enforcement of red-flag laws within Texas and removes state-level restrictions on short-barrel rifles and shotguns that are already regulated by federal law.

The first measure, Senate Bill 1362, explicitly prohibits Texas courts and local authorities from recognizing or enforcing “extreme risk protection orders” (ERPOs)—commonly known as red-flag laws—that allow firearms to be seized from individuals without criminal charges. Under the new law, such orders are only valid if tied to criminal or family violence cases under Texas statutes.

Texans’ constitutional rights should not be suspended based on suspicion or accusation alone,” said Governor Abbott. “This legislation ensures due process is respected and Second Amendment rights are not subject to arbitrary seizure.”

Gun rights organizations hailed the bill as a necessary firewall against what they see as unconstitutional policies increasingly adopted in other states.

The second measure, Senate Bill 1596, removes state-level penalties for the possession of short-barrel rifles and shotguns, provided the weapons are registered in accordance with federal law. Previously, Texans could face criminal charges at the state level—even if they were in compliance with federal firearm regulations under the National Firearms Act.

Supporters of the change argue it eliminates redundant regulation and protects lawful gun owners from unnecessary prosecution. “If a Texan legally owns a short-barreled rifle under federal law, they should not be treated as a criminal in their own state,” said State Senator Drew Springer, a sponsor of the bill.

Critics of both measures—particularly gun control advocates and some law enforcement groups—warn that removing red-flag tools could limit authorities’ ability to prevent tragedies involving individuals in crisis. However, proponents counter that red-flag laws are often abused, lack due process protections, and set dangerous legal precedents by punishing people who have not committed a crime.

Both laws take effect September 1, 2025, and mark a continuation of Texas’s broader legislative trend toward expanding and protecting gun rights. In recent years, the state has enacted constitutional carry, broadened reciprocity agreements for out-of-state handgun licenses, and restricted local governments from enforcing their own gun control measures.

For gun rights advocates, the passage of these bills signals a strong commitment by state leaders to uphold the constitutional freedoms of law-abiding Texans.

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Further reading

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