In the wake of the November 3 elections, Texas lawmakers have introduced two bills that would alter the state’s approach to firearm safety. House Bill 218 seeks to repeal the 2025 anti‑red‑flag statute, while House Bill 613 would broaden background‑check requirements for private gun transfers.
Bill to Repeal Red‑Flag Restrictions
Rep. Ann Johnson (D‑District 134) filed HB 218, which would restore the ability of courts to issue extreme‑risk protective orders when a judge finds an “immediate danger of bodily injury or death” linked to serious mental illness and firearm access. Under the proposal, a family member, parent, guardian, or peace officer could apply for an order, providing detailed, sworn allegations. A judge could issue an initial order without prior notice if reasonable cause is shown, directing the subject to surrender firearms within 24 hours and undergo a mental‑health examination.
The initial order would be temporary; a full hearing must occur within 14 days, and a longer one‑year order would require clear and convincing evidence of danger. Violations of the order would be punished as misdemeanors, with false statements to a peace officer also creating a Class B misdemeanor.
Critics argue the measure threatens due‑process rights and the Second Amendment. Texas Republican State Executive Committee member John Hinojosa warned that the bill would allow firearms to be confiscated before a hearing and place the burden of proof on law‑abiding citizens.
Bill to Expand Private‑Sale Background Checks
Rep. Suleman Lalani (D‑District 76) introduced HB 613, which would require anyone making a private firearm transfer to request a background check through a federally licensed dealer and verify the recipient’s legal eligibility. Dealers could charge a reasonable fee, and violations would be classified as Class A misdemeanors.
Current Texas law does not mandate background checks or record‑keeping for private in‑state sales between eligible residents. The bill would not ban private sales outright but would add a verification step intended to keep firearms out of the hands of prohibited persons.
Political Context and Legislative Outlook
The proposals come as Democrats captured the governor’s office and a majority in the Texas House, while Republicans retained control of the Senate. Governor‑elect Gina Hinojosa, a Democrat, cannot overturn the constitutional‑carry law by executive action; any changes must pass both chambers and be signed into law.
Senate Bill 1362, signed by former Governor Greg Abbott in 2025, limited state and local enforcement of extreme‑risk orders and made unauthorized enforcement a state jail felony. HB 218 would directly repeal the chapter created by that law.
The 90th Texas Legislature is set to convene on Jan. 12, 2027. Until then, Texas’s existing firearm rights and restrictions remain unchanged.
Public Reaction
Republican gun‑rights advocates have voiced strong opposition, emphasizing that the right to bear arms is a constitutional freedom, not a government‑granted privilege. They caution that red‑flag measures risk judicial overreach and could be abused to target law‑abiding citizens.
Supporters of the bills argue that early intervention can prevent violence and that background checks for private sales are a common-sense safety measure.
Both bills are currently in the filing stage and have not yet been voted on. Their fate will depend on negotiations in the upcoming legislative session.
Original reporting: WBAP News/Talk (Dallas-Fort Worth) — read the source article.
