WeVote
Log In

Bill

Bill

HB 478

Relating to extreme risk protective orders; creating criminal offenses.

89th Legislature (2025) Introduced by Vikki Goodwin

Texas bill would allow courts to temporarily confiscate firearms from individuals posing extreme danger, creating criminal penalties for violations and false petitions.

Referred to Criminal Jurisprudence
#courts--general(i0160) #crimes--againstpersons--general(i0170) #family--familyviolence(i0353) #lawenforcement(i0510) #protectiveorders(s0495) #publicsafety #departmentof(v0251) #weapons(i0887)
0
WeVote Research Nonpartisan
Bill Summary · HB 478

Legislative bill overview

HB 478 would create a legal mechanism for "extreme risk protective orders" in Texas, allowing courts to temporarily remove firearms from individuals deemed to pose a significant danger to themselves or others. The bill also establishes criminal penalties for violating these orders or making false reports to obtain them.

Why is this important

Texas currently lacks a formal "red flag" law, making it one of the few states without such a mechanism. This bill would provide a civil court process to intervene in crisis situations, potentially preventing tragedies while raising questions about due process protections and who can petition for such orders.

Potential points of contention

  • Second Amendment concerns: Opponents argue the temporary firearm removal infringes on constitutional rights; proponents counter that due process safeguards and the temporary nature address these concerns
  • Due process standards: Disagreement over what evidence threshold courts should use, whether emergency ex parte orders should exist, and what rights respondents have to contest the order
  • Definition of "extreme risk": Disputes over how clearly "significant danger" is defined and whether the standard is too vague or appropriately flexible for individual circumstances

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.