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Texas: Setting the Record Straight On "Red Flag" Legislation

Tuesday, February 19, 2019

Texas: Setting the Record Straight On "Red Flag" Legislation

 Contact Your State Lawmakers In Opposition to House Bill 131 & Senate Bill 157

Over the holiday weekend, a conservative "taxpayer watchdog" group sent out an email to its contact list which gave the impression that NRA-ILA does not oppose "red flag" legislation in Texas.  One wonders what the organization hoped to accomplish by confusing and attempting to divide the gun community in this way.  

Let's set the record straight:

  • NRA-ILA submitted written testimony to the House Committee on Criminal Jurisprudence at their June 25, 2018 interim hearing on red flag legislation, questioning the need for any additional statutes in Texas to address dangerous persons with mental illnesses having access to firearms, and outlining our opposition to red flag bills in other states that were considering such proposals at the time.
  • NRA-ILA provided verbal testimony in opposition to red flag legislation, raising the same points, during the July 24, 2018 hearing held before the Senate Select Committee on Violence in Schools & School Security.
  • NRA-ILA alerted its membership to the introduction of anti-gun legislation, including proposed red flag measures House Bill 131 by Rep. Joe Moody (D-El Paso) and Senate Bill 157 by Sen. Jose Rodriguez (D-El Paso), prior to the Texas Legislature convening or the bills even receiving a committee referral.

NRA-ILA strongly opposes HB 131 and SB 157.  These bills could allow a court to require an individual to surrender firearms to law enforcement, based on statements made by a petitioner in an ex parte proceeding -- before any formal hearing with the opportunity to be represented by counsel and present counter-evidence -- and even though they may not have committed or even threatened to commit any unlawful or violent act.  Someone could be stripped of their Second Amendment rights without due process, without being taken into custody for any criminal offense or without being required to undergo evaluation for treatment by a mental health professional.   

Please contact your State Representatives and urge them to OPPOSE House Bill 131.  Please also contact your State Senators and urge them to OPPOSE SB 157.  NRA-ILA will notify you when a public hearing is set on either of these measures.

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Texas Due Process
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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.