Texas lawmakers have proposed new restrictions on firearm possession and private sales following Democrats’ November 3 election victories. One bill would allow judges to order some individuals to surrender firearms before a full hearing or criminal conviction, while another would require background checks for many private transfers.
The measures would not automatically confiscate firearms statewide or repeal Texas’ permitless carry law. However, House Bill 218 would repeal a 2025 state law restricting so-called red flag orders, according to the proposed legislation. None of the proposals has become law.
When Could A Court Order Firearms Surrendered?
HB 218, filed by state Rep. Ann Johnson (D-District 134), would authorize extreme-risk protective orders where a court finds an immediate danger of bodily injury or death associated with serious mental illness and access to firearms. A family or household member, certain parents or guardians, or a peace officer could apply for an order, according to the bill’s text.
An application would have to contain detailed allegations based on personal knowledge and be signed under oath. A judge could issue an initial order without notice or a hearing upon finding reasonable cause to believe the person poses the specified immediate danger. The court could direct that firearms be surrendered to law enforcement within 24 hours and could order a mental-health examination.
A hearing would be required within 14 days of the later of the application date or initial order date, with personal notice to the respondent. A longer order would require clear and convincing evidence of the specified danger. Such an order would last one year, could be renewed for up to another year after a further hearing, and could be reviewed at the subject’s request no earlier than the 91st day.
The bill would also create a Class B misdemeanor for knowingly false statements made to a peace officer with intent to deceive in connection with a requested order. Knowingly possessing a firearm in violation of an order after receiving notice would be a Class A misdemeanor, the proposed statute states.
What About Innocent Until Proven Guilty?
A criminal charge or conviction would not be a prerequisite to the proposed civil protective order. The criminal-law presumption of innocence does not itself prohibit all temporary civil restrictions. The central legal dispute is whether the order’s evidentiary standards, notice, hearing procedures, and opportunity for review satisfy constitutional due-process and Second Amendment protections.
The initial order would come before the affected person could contest the allegations in a hearing. But the bill also mandates a prompt subsequent hearing, sets a higher evidentiary burden for a one-year order, and prescribes procedures for returning firearms after an order ends and legal eligibility is verified. The proposed restrictions would apply to eligible subjects of court orders, not only to licensed handgun carriers or “registered gun owners.”
Texas has no general firearm-owner registry, according to the Texas State Law Library.
A Direct Challenge To Abbott’s 2025 Law
Gov. Greg Abbott signed Senate Bill 1362, the Anti-Red Flag Act, in 2025. Effective September 1, 2025, the law restricts state and local enforcement of extreme-risk orders, with exceptions, and makes certain unauthorized enforcement a state jail felony. HB 218 expressly proposes repealing the chapter created by that law.
The House passed SB 1362 in May 2025 by a vote of 86-53, with one member present but not voting, as previously reported by The Dallas Express. Abbott also defended existing firearm protections and opposed red flag laws at a Garland campaign appearance earlier this year, as The Dallas Express reported.
Private Sales Would Face A Separate Requirement
House Bill 613, filed by state Rep. Suleman Lalani (D-District 76), would generally require a person making a private firearm transfer to request a background check through a federally licensed dealer and verify the recipient may legally possess a firearm. Dealers could charge a reasonable fee. Violations would be Class A misdemeanors under the proposed bill.
Existing law generally does not require background checks or transfer records for private in-state sales between eligible Texas residents, the Texas State Law Library explains. HB 613 would regulate these transactions; it would not prohibit every private firearm sale.
Opposition And The Legislative Outlook
“Texas lawmakers must reject legislation that undermines our Second Amendment rights. The right to bear arms is not a government-granted privilege but a constitutional freedom government is sworn to protect. Red flag laws raise serious concerns about due process and judicial overreach, and the potential for abuse, especially when firearms can be confiscated before a hearing and citizens must bear the burden of defending their rights. Texans deserve public safety without sacrificing their freedoms. We must hold violent criminals accountable, not expand government power at the expense of law-abiding citizens,” Texas Republican State Executive Committee member John Hinojosa told The Dallas Express.
Supporters of extreme-risk protective orders generally seek intervention before threatened harm occurs; the bill’s stated mechanism relies on judicial findings of immediate danger associated with serious mental illness and access to firearms. The proposal’s author has not provided a verified statement for inclusion in this report.
Democrats won the governorship and a Texas House majority in the November 3 election, while Republicans retained the Texas Senate, according to the election results. As The Dallas Express previously explained, Gov.-elect Gina Hinojosa cannot repeal constitutional carry by executive order. Each proposed restriction would still require legislative passage and the applicable enactment process.
The 90th Legislature convenes January 12, 2027, according to the Texas Legislative Reference Library. Texans’ existing firearm rights and restrictions remain unchanged by the filing of these bills.
Provided by Dallas Express
