Texas Expands Gun Rights With Ban on Red Flag Orders, Firearm Buybacks

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The new laws expand carry rights in Texas, protect gun owner privacy, and bar local governments from hosting buyback programs.

Texas Gov. Greg Abbott has signed a series of pro-gun bills, including measures to block enforcement of red flag laws, ban local gun buyback programs, legalize certain restricted firearms, and broaden recognition of out-of-state carry permits.

The new lawsโ€”part of a broader push by Republican lawmakers to limit government restrictions on gun ownersโ€”were among roughly 600 bills signed by Abbott ahead of a June 22 veto deadline.

The National Rifle Association (NRA) praised the package, calling it a sign that Abbott was โ€œcontinuing to show his commitment to the Second Amendment.โ€

Among the most contentious of the new laws is Senate Bill 1362, which prohibits Texas officials and agencies from enforcing extreme risk protection orders, or red flag laws, issued by other states or federal authorities. Texas has not adopted a red flag law of its own, and supporters of SB 1362 said it is a safeguard against potential due process violations.

Red flag laws, or Extreme Risk Protection Order (ERPO) regulations, generally allow law enforcement, family members, or medical professionals to petition a court to temporarily remove firearms from someone deemed a danger to themselves or others. Critics argue that the process often occurs without the gun ownerโ€™s presence in court and can unfairly deprive individuals of their rights.

โ€œInsofar as orders are issued ex parte (i.e., without the person the order is sought against present for the proceedings), red flag laws invert the presumption of due process,โ€ the Firearms Policy Coalition, a pro-gun rights advocacy group, said in a report. The group argued that red flag laws stigmatize mental illness, impose legal burdens on the poor, and discourage people from seeking help.

By Tom Ozimek

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