US Law Shield By Emily Taylor and Richard Hayes 3/31/2021
Red Flag Laws in TexasRed flag legislation was proposed in the Texas Legislature in the 2017 and 2019 sessions. Though hearings were conducted, these laws never made their way out of committee.
The 2021 Texas Legislative Session currently features four proposed bills in the Texas House of Representatives (HB 164, HB 395, HB 2878, and HB 3977) and four in the Texas Senate (SB 84, SB 110, SB 1511, and SB 1742) that contain some variation of a red flag law. Essentially, they seek to create a law allowing a person to report a gun owner to authorities for dangerous behavior or conduct, which would then begin an immediate legal process resulting in the confiscation of all firearms owned or possessed by the gun owner, as well as their License to Carry a Handgun (if applicable). These proposed bills include purposely convoluted legalese to describe a courtroom process by which the gun owner could, theoretically, challenge the red flag order and attempt to have their firearms returned.
It’s not all bad news at the state capitol. In contrast to the above-listed red flag legislation are HB 336 and SB 548, which seek to prohibit the state, counties, and municipalities (cities) from adopting or enforcing red flag laws or accepting federal grant funds to do the same.
What Does This Mean for Texas?Unfortunately, these seemingly well-intentioned laws about mental health have become ripe for government overreach. Will they go into effect in Texas anytime soon?
Because of the current political party makeup of Texas state representatives, senators, and Governor Abbott, it is unlikely the proposed House or Senate bills promoting red flag orders will become law. In addition, the anti-red flag bills have yet to make it out of committee. It’s important for responsible Texas gun owners to keep an eye on these bills (and their elected representatives) until this session concludes on May 31, 2021. Additionally, Texas already has laws on the books and existing tools that further reduce the likelihood of a new “red flag†framework.
One of the tools at law enforcement’s disposal is Texas Health and Safety Code § 573.001. Unlike the clearly targeted “gun grabs†proposed in multiple states, this statute focuses on the health and safety issues surrounding a potentially mentally ill person. This law allows a peace officer to take someone into custody if the officer has reason to believe and does believe that the person has a mental illness, and because of that mental illness, is a substantial risk to the person or to others. The apprehended individual will be taken to a mental health facility to be examined by mental health professionals and provided a hearing before a judge or magistrate.
More:
https://www.uslawshield.com/update-red-flag-laws-tx/
