Texas Democrats File Bill for Gun Seizures Without a Hearing
Rep. Ann Johnson (D-Houston) filed House Bill 218 on Monday, and it would let a judge order your guns taken before you ever see a courtroom. The bill repeals Texas's current ban on red flag laws and creates an extreme risk protective order process. A judge could issue a temporary order with no notice to the owner and no hearing. The owner would then have 24 hours to hand over firearms to law enforcement. The filing came one week after the November election, which Democrats hoped would carry them. It did not flip the Texas Senate. HB 218 also sits alongside other Democratic proposals, including measures that would bar adults under 21 from buying most commonly owned semiautomatic rifles.
Key Details
The text of HB 218 lays out a three-step process. Each step matters, because the first one happens without the gun owner present.
- Who can petition: Family members, household members, and law enforcement officers.
- Trigger: The petitioner must believe the person poses an immediate danger because of alleged mental illness and access to firearms.
- Temporary order: A judge can act without notifying the gun owner or holding a hearing.
- Surrender deadline: The owner must surrender firearms to law enforcement within 24 hours.
- Hearing: A hearing must occur within 14 days of the temporary order.
- Duration: After the hearing, a judge can impose a prohibition lasting one year. The order can be renewed.
Chris McNutt, president of Texas Gun Rights, called the bill a statewide gun confiscation program. He told Texas Scorecard that the measure would let a judge order guns taken "without a crime, without a hearing, and without you ever knowing it was coming." McNutt also argued the state already has tools for dangerous people. Current Texas law allows emergency detention for up to 72 hours, followed by a psychiatric evaluation. McNutt's point is that the state can remove a dangerous person from the public, not just the person's firearms. On the vote count, the Democratic gains did not change the Senate majority. Any version of HB 218 must clear that chamber, where Republicans hold control.
Background
Red flag laws, formally called extreme risk protective orders, let courts temporarily remove firearms from people deemed dangerous. Florida adopted one in 2018 after the Marjory Stoneman Douglas High School shooting. Florida's version also allows temporary orders before a hearing, but it requires a hearing within 14 days, and that structure is what HB 218 copies. Texas has resisted these laws for years, and HB 218 would reverse that position.
The legal standard changed in 2022. In New York State Rifle & Pistol Association v. Bruen, the Supreme Court required gun laws to fit within the nation's historical tradition of firearm regulation. Two years later, in United States v. Rahimi, the Court upheld a federal ban on firearm possession for people under domestic violence restraining orders. The Court leaned heavily on the fact that those orders followed notice and an opportunity to be heard. Brief ex parte orders were tolerated only because a prompt hearing followed.
Why It Matters for Gun Owners
HB 218 would affect every Texas gun owner, but the risk falls hardest on people who live with others. A family member or roommate who believes you are in a bad place could file a petition. A judge could then order your firearms surrendered within 24 hours. You would not get a chance to answer the allegation first. Gun owners in other states with red flag laws have seen this pattern before, and the practical problem is that the first order arrives before any evidence gets tested.
The bill also raises storage and transfer questions. If a judge orders surrender, owners need to know where their guns go, how they get them back, and what happens to a firearm stored at a relative's home. Anyone who keeps guns for a spouse, adult child, or family member should understand that household members can petition under this bill. The bill is only filed, not law, so nothing changes today. But the 2027 legislative session begins in January, and filings made before session are the ones to track.
DownRange Analysis
HB 218 does not survive a Bruen analysis. Texas has no founding-era tradition of stripping firearms from a citizen on an accusation alone, with no hearing and no finding of wrongdoing. Article I, Section 23 of the Texas Constitution also protects the right to keep and bear arms, and a 24-hour surrender order before a hearing invites a strong challenge. Rahimi gives the bill's supporters a foothold only because the bill includes a 14-day hearing. That hearing does not cure the ex parte step, and the courts will look hard at the gap.
The Senate is the real firewall. Democrats cannot pass this bill without Republican votes, so gun owners should focus on their state senators, not the House sponsor. Contact your senator now and make your position on due process clear. Keep your records current, know who in your home could file a petition, and check the Texas Legislature Online site for the bill's status once session starts. Stay active in state gun rights groups. Filings like this rarely pass, but they never stop coming back.
