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SB 1362

Relating to prohibiting the recognition, service, and enforcement of extreme risk protective orders; creating a criminal offense.

89th Legislature (2025) Introduced by Daniel Alders and 50 co-sponsors

Texas law now prohibits courts from issuing or enforcing extreme risk protective orders that temporarily restrict firearms for individuals deemed dangerous.

Effective on 9/1/25
#anti-redflagact(pq9le) #crimes--miscellaneous(i0200) #federalrelations(s0862) #protectiveorders(s0495) #weapons(i0887)
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Bill Summary · SB 1362

Legislative bill overview

SB 1362 prohibits Texas courts and law enforcement from recognizing, enforcing, or servicing extreme risk protective orders (ERPOs)—also known as "red flag" laws. The bill also creates criminal penalties for certain actions related to these orders. This represents a direct rejection of the ERPO mechanism that has been adopted by roughly half of U.S. states.

Why is this important

ERPOs are civil court orders that temporarily restrict firearm access for individuals deemed to pose significant danger to themselves or others. This bill eliminates Texas's ability to use this legal tool, affecting how the state handles crisis intervention in mental health situations and suicide prevention efforts. The measure signals a stark policy divergence from national trends toward extreme risk intervention frameworks.

Potential points of contention

  • Public safety vs. due process: Supporters argue ERPOs violate Second Amendment rights and due process by restricting firearms without criminal conviction; opponents contend they're civil (not criminal) procedures with judicial oversight that prevent suicides and mass violence.
  • Suicide prevention effectiveness: Data suggests ERPOs reduce suicide rates, particularly among older adults and veterans; critics question whether eliminating this tool affects Texas's suicide intervention capabilities.
  • Interstate enforcement complications: Federal law enforcement and other states' courts may still seek to enforce ERPOs against Texas residents, creating jurisdictional conflicts and unclear legal obligations.

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

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