The Anti-Red Flag Law, Coming From Texas
Texas House Bill 162 aims to significantly restrict the scope and enforcement of red flag laws within the state. The bill redefines an extreme risk protection order to require a basis in conduct resulting in a criminal charge, thereby preventing orders based solely on allegations without criminal charges. It also introduces criminal penalties for serving or enforcing orders not issued under Texas law, though a provision attempting to nullify federal laws infringing on due process or Second Amendment rights may face federal preemption challenges.











