Texas Democrats are wasting no time pushing new gun restrictions following last week’s election sweep, filing legislation that would allow judges to order firearms confiscated without a prior hearing.
House Bill 218, filed Monday by Democrat State Rep. Ann Johnson of Houston, would repeal Texas’ prohibition on red flag laws and establish a process for courts to issue extreme risk protective orders.
Under the proposal, family members, household members, and law enforcement officers could petition a court to restrict an individual’s firearm rights if they believe the person poses an immediate danger because of serious mental illness and access to firearms.
A judge could issue a temporary order without notifying the gun owner or holding a hearing, requiring the individual to surrender their firearms to law enforcement within 24 hours.
A hearing would be required within 14 days, after which a judge could impose a prohibition lasting one year, subject to renewal.
Texas Gun Rights President Chris McNutt blasted the proposal and accused Democrats of attempting to establish a statewide gun confiscation program.
“The gun confiscation lobby and their puppets in the Legislature aren’t wasting any time,” McNutt told Texas Scorecard. “Ann Johnson’s HB 218 doesn’t just repeal Texas’s ban on red flag laws. It creates a statewide red flag gun confiscation scheme that lets a judge order your guns taken without a crime, without a hearing, and without you ever knowing it was coming, based on nothing more than an allegation.”
McNutt warned that gun owners could be forced to surrender their firearms before receiving an opportunity to challenge the allegations in court.
“You’d have 24 hours to surrender your firearms and up to two weeks before you get your day in court,” he said. “Texas Gun Rights will fight this bill at every step, and every legislator who claims to be pro-gun had better be ready to kill it.”
The proposal comes just one year after Republican lawmakers passed legislation specifically intended to prevent red flag laws from being implemented in Texas.
The measure, which was signed into law by Gov. Greg Abbott, prohibits most extreme risk protective orders and barred local governments from accepting federal funding to implement or enforce them.
With Democrats now preparing to take control of the Texas House and governor’s office, Johnson’s legislation would reverse the prohibition enacted under Republican leadership.
And it isn’t the only gun restriction Democrats are proposing.
House Bill 173, filed by Democrat State Rep. Joe Moody of El Paso, would prohibit transferring certain semiautomatic rifles to individuals younger than 21.
The restriction would apply to semiautomatic rifles capable of accepting detachable magazines and chambered in calibers greater than .22.
Violations would be punishable as state jail felonies, though the legislation includes exceptions for law enforcement officers, military personnel, veterans, and certain hunting and recreational activities.
Both bills have been filed ahead of the 2027 legislative session, when Democrats will hold the governor’s office and a majority in the Texas House for the first time in decades.
The legislature will convene on January 12, 2027.
