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Texas · 89th Legislature Regular Session
HB234Relating to extreme risk protective orders; creating criminal offenses.
Direction
Firearmsred flag erpoAI label
↓Restricts gun accessmodel confidence 95%
Creates a process for family, household members, or peace officers to seek court-issued extreme risk protective orders that prohibit a respondent from purchasing, owning, possessing, or controlling firearms based on evidence of serious mental illness and dangerous behavior, requires relinquishment/s
the court, without further notice to the respondent and without a hearing, may issue a temporary ex parte order prohibiting the respondent from purchasing, owning, possessing, or controlling a firearm.
✓ Quote verified word for word in the bill text
FirearmsotherAI label
↓Restricts gun accessmodel confidence 90%
Requires reporting of extreme risk protective orders to the Department of Public Safety and the FBI for inclusion in the National Instant Criminal Background Check System, and makes subjects of such orders ineligible for a license to carry a handgun.
The department by rule shall establish a procedure to provide information concerning a person who is the subject of an extreme risk protective order issued under Subchapter D, Chapter 7B, Code of Criminal Procedure, to the Federal Bureau of Investigation for inclusion in the National Instant Criminal Background Check System.
Why the model tagged it this way: The bill creates and details procedures for extreme risk protective orders (red flag/ERPO) that prohibit firearm purchase/possession based on mental illness and dangerous behavior, mandates relinquishment of firearms and LTC suspension, requires NICS reporting, adds a new criminal offense for violating such an order, and creates a false-report offense; all provisions expand restrictions on firearms access for affected persons with no countervailing expansions of firearm rights.
Related bills
HB218Relating to extreme risk protective orders, including the creation, issuance, and enforcement of those orders; creating criminal offenses.↓Restricts gun access Filed
SB1362Relating to prohibiting the recognition, service, and enforcement of extreme risk protective orders; creating a criminal offense.↑Expands gun access↑Expands gun access Law
SB2305Relating to extreme risk protective orders; creating criminal offenses.↓Restricts gun access Died (session ended)
SB2195Relating to the reporting of certain orders and convictions to the Department of Public Safety and Federal Bureau of Investigation for use w↓Restricts gun access↓Restricts gun access Died (session ended)