On June 22, Texas Governor Greg Abbott signed SB 1362 into law, positioning Texas as the most recent state in the union to prohibit extreme risk protection orders (ERPOs), also known as “red flag” laws. The new law is effective as of September 1, 2025.
“Now, gun confiscation without due process is PROHIBITED in Texas, starting Sept 1,” said Texas Gun Rights, which backed the bill, in a statement on Twitter.
SB 1362 had a swift passage through the Texas Legislature beginning with its filing on February 18, 2025, followed by passage in the Senate in late March 2025, and a House vote of 86-53-1 on May 27, 2025.
In May, as we reported, the Montana governor also signed a similar law into effect. In October of 2024, the Association of New Jersey Rifle and Pistol Clubs (ANJRPC) sued the State over its anti-civil liberty “red flag” law in an ongoing suit.
At its core, SB 1362 prohibits the recognition, service, and enforcement of extreme risk protection orders (ERPOs).
Key Provisions:
- Defines ERPOs as orders restricting firearm possession not based on criminal charges.
- Bans state and local entities from adopting or enforcing ERPO-related rules unless authorized by state law.
- Declares federal ERPO laws unenforceable if they violate due process or Constitutional rights.
- Prohibits acceptance of federal grants for ERPO implementation.
- Makes serving or enforcing unauthorized ERPOs a state jail felony.
- Excludes protective orders under the Texas Family Code or Criminal Procedure Code.
The bill was authored by State Sen. Bryan Hughes (R-Mineola) and sponsored by State Rep. Cole Hefner (R-Mount Pleasant). Supporters included Texas Gun Rights President Chris McNutt and State Rep. Wes Virdell (R-Brady).
