Some state lawmakers want to protect Texasns' right to bear arms by making sure firearms can't be taken from people deemed harmful to themselves or society. That's the premise behind Senate Bill 1362, which prohibits governments from imposing extreme risk protection orders, or ERPOs, on individuals.
At least 20 states across the nation have these types of "red flag" laws. Proponents of the gun control measure say the goal is to prevent gun violence and suicide.
The bill, which bans such orders from being implemented and enforced, was discussed in a public hearing Thursday before the Texas House Criminal Jurisprudence Subcommittee.
Rep. Cole Hefner (R-Mt. Pleasant), is the sponsor of the bill. He believes ERPOs violate the Second Amendment.
"To me, it just helps to strengthen due process and protect the rights of law abiding citizens," said Hefner. "We just need to enforce the laws on the books and we don't need magistrates or judges determining without due process somebody's constitutional rights."
Nick Tuccio, state director of the National Rifle Association, took a similar stance.
"The NRA staunchly believes that the removal of a person's fundamental, constitutionally protected right to keep and bear arms must occur only through a process that rigorously respects due process in the rule of law," Tuccio told lawmakers.
But Rep. Joe Moody (D-El Paso) disagreed and said "red flag" laws don't violate due process.
"No due process would be someone coming up and snatching it out of your hand," said Moody. "So, if there is a court process involved, you may not think that that is sufficient — and that's okay, let's talk about that. But…I just want to get out of the kind of more hyperbolic, that this is some sort of property grab without any due process. Because the bills are built to have process."
Those who testified against SB 1362 said they supported "red flag" laws, adding they reduce crime and the risk of suicide.
"EROs provide a critical opportunity to prevent mass shootings, homicides, and suicides," said Nicole Golden, the executive director of Texas Gun Sense. "The bill itself defines ERPOs as having the primary purpose of reducing firearm death or injury. And with more than 4,000 Texas gun deaths a year, this is something we should be doing more of, not less."
The Texas House Criminal Jurisprudence Subcommittee approved the legislation Thursday, sending it to the full Texas House for consideration.
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