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Texas Senate passes bill banning governmental entities from enforcing red flag gun laws

On Wednesday, the Texas Senate initially approved Senate Bill 1362, also known as the "Anti-Red Flag Act" by Sen. Bryan Hughes , in a 20-11 party-line vote, which aims to prevent state and local governmental entities from enforcing red flag laws or extreme risk protection orders unless authorized by the Legislature.
Motivated by concerns that red flag laws infringe upon constitutional rights and due process, particularly the Second Amendment, proponents of the bill argue that these laws allow for the removal of firearms based on accusations without due process, while opponents contend they are essential tools for preventing gun violence and keeping communities safe.
The bill specifically bars state and local entities from adopting or enforcing red flag policies, prohibits acceptance of federal funds for red flag law enforcement, and declares federal "Extreme Risk Protective Order" laws unenforceable in Texas if they infringe on constitutional rights, while not applying to family violence protection orders or cases where criminal charges are filed.
Hughes stated that current Texas law already allows law enforcement to take someone into custody if they appear to be a danger, which is unaffected by this bill, while Menéndez argued the bill favors those who would keep a gun under any circumstances, even when temporary removal might be necessary for safety, and Gutierrez highlighted instances where potential shooters telegraphed their intentions, suggesting red flag laws could have prevented tragedies like the Robb Elementary School shooting.

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Texas Senate Passes Legislation Banning Red Flag Laws

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Texas Senate passes bill banning governmental entities from enforcing red flag gun laws

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