In response to recent attacks from Democrat lawmakers and governors retaliating against the 2024 election results by threatening the Second Amendment rights of their constituents, new legislation has been filed in the great state of Texas that, if passed, will prohibit the recognition, service and enforcement of “red flag” orders. This epic pro-Second Amendment legislation takes things a necessary step further, providing real consequences for anyone in violation.
House Bill 162, the “Anti-Red Flag Act” by State Representative Briscoe Cain (R-Deer Park), not only blocks state and local entities from recognizing and enforcing extreme risk protective orders commonly referred to as red flag laws, but strikes at the federal incentivizing agenda to enact them.
Red flag laws brazenly violate the Constitutional right to due process, as law enforcement, per a judge’s order, may use them to confiscate firearms from anyone they believe or are reported to be at risk of committing a crime. These actions occur without trial or warning, posing additional danger as authorities arrive at your home one day and tell you they’re taking all your means of self-defense. You can see where such a confrontation may lead.
Further, red flag laws do not require a court to allow the subject to speak on their behalf, confront their accuser, or respond in any way before the confiscation of their property, a draconian process only fit for a fascist regime. Abuse of these measures is also a major concern, as red flag laws may be used to exact revenge or further a vendetta without repercussion for those making false reports.
HB 162 will prohibit state and local entities from “adopting or enforcing any measure that would implement red flag orders unless expressly authorized by Texas law,” and renders any federal red flag laws that violate due process unenforceable. The bill also prohibits Texas entities from accepting federal grants, i.e. bribes, to implement or enforce federal red flag laws. Perhaps most notable, HB 162 makes it a felony punishable by state jail time for “individuals who serve or attempt to serve a red flag order within Texas unless the order was issued under Texas law.”
“Texas stands strong in defending the rights of our citizens, especially regarding our constitutional Second Amendment rights… HB 162 is critical in protecting Texans from federal overreach and ensuring that due process is respected regarding firearm ownership… This bill is a clear message that Texas will not bow to federal overreach and will always protect the freedoms guaranteed by our Constitution… HB 162 is about standing up for the constitutional rights of Texans, ensuring that citizens are not stripped of their rights without due process,” said Briscoe Cain, sounding exactly like a representative of their constituents should.
Chris McNutt, the president of Texas Gun Rights, says he is happy to partner with Cain to protect the Second Amendment rights of all Texans.
“We’re glad to partner with Rep. Cain in the fight to make sure law-abiding Texans never lose their gun rights without due process or a crime being committed, and this bill is critical for ensuring backdoor federal funding for gun confiscation can’t be accepted in the Lone Star State, ” said McNutt.
I have never lived in Texas but have always deeply respected the state’s traditional values and adherence to the Constitution of the United States of America. Texas has had to deal with an influx of leftists, however, who have flocked like locusts from their own ruined states to places like Austin and other parts of the state where they will attempt to eat up the resources and try once again to enact all the policies that caused their previous enclaves to turn undesirable. We have a word for doing the same thing over and over while expecting a different result. Insanity. It is great, however, to see representatives like Briscoe Cain and many others in states across the country standing up for the people who elected them to office in the first place, and these are the individuals we need to support with our votes every election cycle. I’ll give one thing to the rabid leftists, they either have a whole lot of intestinal fortitude or are equally stupid enough to take this fight to Texas, but likely the latter.
