In the aftermath of the 2024 election, where Democrat lawmakers and governors have doubled down on their assault against the Second Amendment, a bold counterstrike is underway in Texas. House Bill 162, dubbed the “Anti-Red Flag Act,” takes an uncompromising stand against unconstitutional overreach. Authored by State Representative Briscoe Cain (R-Deer Park), this legislation is a direct repudiation of the federal government’s blatant incentivizing of red flag laws, which undermine the rights of law-abiding Americans.
For those unfamiliar, red flag laws are one of the most flagrant violations of constitutional rights in modern history. Under the guise of “public safety,” these laws empower law enforcement to confiscate firearms from individuals deemed a “risk” without any meaningful due process. Imagine waking up to a knock on your door, only to be informed that your legally owned firearms are being seized—without trial, without warning, and often without you even knowing an accusation was made. These laws flip the principle of “innocent until proven guilty” on its head, transforming a foundational tenet of American justice into a Kafkaesque nightmare.
HB 162 seeks to put an end to this madness in the Lone Star State. This legislation will prohibit any state or local agency from adopting, enforcing, or recognizing red flag orders unless explicitly authorized by Texas law. Even more importantly, it strikes at the heart of the federal government’s overreach by rendering any federally incentivized red flag laws null and void within Texas borders. In simple terms: Washington bureaucrats have no business telling Texans how to exercise their God-given right to bear arms.
Red flag laws not only trample on the Second Amendment but also eviscerate the Fifth and Fourteenth Amendment’s guarantees of due process. Under these laws, individuals are stripped of their property and rights based on accusations that are often unsubstantiated and without the accused’s ability to defend themselves in court. It’s a system ripe for abuse, allowing for petty vendettas and baseless claims to result in life-altering consequences for law-abiding gun owners. The potential for misuse is staggering, and the damage to the Constitution is undeniable.
One of the most powerful aspects of HB 162 is its provision to make it a felony, punishable by state jail time, for anyone to enforce or attempt to enforce a red flag order that does not comply with Texas law. In a time when so many states are rolling over to federal mandates, Texas is drawing a clear line in the sand. The bill also prohibits Texas entities from accepting federal grants—essentially bribes—to implement or enforce these unconstitutional orders. This measure ensures that Texas won’t be complicit in Washington’s agenda to chip away at the Second Amendment.
Representative Briscoe Cain, a stalwart defender of constitutional rights, encapsulated the urgency of this legislation perfectly: “Texas stands strong in defending the rights of our citizens, especially regarding our constitutional Second Amendment rights. HB 162 is critical in protecting Texans from federal overreach and ensuring that due process is respected regarding firearm ownership. This bill is about standing up for the constitutional rights of Texans, ensuring that citizens are not stripped of their rights without due process.”
Cain’s resolve is echoed by Chris McNutt, president of Texas Gun Rights, who declared his full support for HB 162: “We’re glad to partner with Rep. Cain in the fight to make sure law-abiding Texans never lose their gun rights without due process or a crime being committed. This bill is critical for ensuring backdoor federal funding for gun confiscation can’t be accepted in the Lone Star State.”
As someone who has long admired Texas for its unapologetic commitment to liberty and constitutional values, I’m heartened to see this kind of leadership. Texas has always been a bastion of freedom, but the state faces growing threats from an influx of leftist ideologues fleeing the dystopias they created in California, New York, and other blue states. Like locusts, these transplants bring with them the same failed policies and ideologies that destroyed their former homes, attempting to replicate their mistakes in places like Austin and beyond. It’s insanity—doing the same thing over and over again while expecting different results.
But Texans, true to form, aren’t taking this lying down. Leaders like Briscoe Cain and organizations like Texas Gun Rights are standing firm, refusing to let federal overreach and leftist agendas erode the freedoms their constituents cherish. This fight isn’t just about firearms; it’s about the core principles that define us as Americans: the right to defend ourselves, the right to due process, and the right to live free from tyranny.
I’ll give the anti-gun crowd this much: they’ve got either a lot of nerve or a lot of stupidity to pick this fight in Texas. But if they thought they could steamroll over the Constitution in the Lone Star State, they’re in for a rude awakening. HB 162 is a reminder that Texans don’t back down from a fight, especially when it comes to safeguarding their rights.
As we look ahead, it’s critical to support leaders who prioritize liberty and the Constitution over political expediency. The stakes couldn’t be higher. Bills like HB 162 set a precedent for other states to follow, proving that it’s possible to stand up to federal overreach and protect the rights of citizens. The Second Amendment is more than just a right; it’s a cornerstone of what makes this nation free. And as long as there are states like Texas willing to lead the charge, there’s hope for the rest of the country.
