Texas passes anti-red-flag legislation

In June of this year, Texas passed SB 1362, which bans state and local officials from recognizing, serving, or enforcing ERPOs (Extreme Risk Protective Orders), including those issued by other states. The law also prohibits accepting federal grant funds to implement or enforce ERPOs and makes it a state jail felony to serve or enforce an ERPO that is not issued under Texas law. Protective orders under the Texas Family Code remain in effect. The act takes effect September 1, 2025.

Why it matters

ERPOs let courts temporarily remove firearms from people who present a documented risk, often during acute domestic-violence or mental-health crises. In 2023, 205 Texans were killed by intimate partners, including 179 women. By banning red flag laws, women in Texas who fear imminent gun violence must rely on the Texas Family Code.

So what's the difference? The burden of proof, which lies with the woman:

• Family Code PO: The person applying for the protective order must prove that a specific, documented act of family violence or a related offense has occurred and is likely to occur again.
• ERPO: The focus is on temporary removal during a crisis and is not necessarily tied to a prior crime. Its purpose is to prevent potential harm before it occurs, so proof can be tied to observed behaviors.

Background

The governor signed the measure in June 2025 as part of a broader package that lowered certain gun restrictions. Supporters believe that the law will prevent taking guns from people who have not been charged with a crime and are not under a qualifying protective order. Critics argue that the elimination of ERPOs puts more lives at risk and criminalizes people who try to use an ERPO to stop violence before it happens.

Two Texas House bills (HB 2629 and HB 498) would have created a statewide process requiring people convicted of family-violence offenses or under certain protective orders to surrender firearms, with court receipts, storage and return procedures, and compliance checks. Both bills were referred to the House Committee on Homeland Security, Public Safety & Veterans’ Affairs and took no further action. They died with adjournment of the 89th Regular Session on June 2, 2025.

Resources

Texas Council on Family Violence - 2023 Fatalities
The 19th - Shooting his partner, then himself: How firearm access fuels domestic violence tragedies