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Texas · 89th Legislature Regular Session
HB478Relating 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 a finding of immediate danger, requires relinquishment of firearms and suspension of
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
=No change to gun accessmodel confidence 80%
Establishes procedures for law enforcement to hold, check eligibility for, return, or sell (with proceeds to owner) firearms relinquished under an extreme risk protective order, and prohibits destruction or forfeiture of unclaimed such firearms.
An unclaimed firearm that is received under an extreme risk protective order issued under Subchapter D, Chapter 7B, may not be destroyed or forfeited to the state.
Why the model tagged it this way: The bill creates and details the process for extreme risk protective orders (red flag/ERPO) in Texas, allowing applications by family/household members or peace officers, temporary ex parte and full orders prohibiting firearm purchase/ownership/possession/control upon a danger finding, mandatory relinquishment and LTC suspension, reporting to DPS and NICS, renewal/rescission hearings, and a new misdemeanor for false reports to officers. It also adds violation of such an order as a firearms offense and details firearm holding/sale procedures. All provisions substantively address the firearms ER
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)