Texas state Rep. Ann Johnson of Houston has filed a bill that would allow courts to temporarily restrict access to firearms for people who pose an imminent threat to themselves or others. House Bill 218 would lift the state’s current ban on enacting so-called “red flag laws,” regulations that allow authorities to intervene when there is a high risk of firearm violence.
Under the bill, family members, household members and law enforcement officers could petition for an extreme risk protection order. Parents, caregivers and legal guardians of minors who belong to the family or household of the person named in the petition would also have that right.
Filing a petition alone would not result in the automatic removal of firearms. In urgent situations, however, a judge could issue a temporary order without prior notice to the person concerned if the information presented justified a belief that the threat was imminent and current.
An order could prohibit a person from buying and possessing firearms and require them to surrender any guns to police within 24 hours. The court could also order the person to turn in a license to carry a handgun and to undergo a mental health evaluation.
The person subject to the proceedings would have to be personally notified of the hearing date. To keep the restrictions in place, a judge would have to find, based on clear and convincing evidence, that there is an imminent threat of serious injury or death. In making that assessment, the judge could consider, among other things, threats, prior acts of violence, medical records, certain arrests or convictions, and current abuse of alcohol or other substances. If the evidence proved insufficient, the temporary order would have to be dissolved.
An order issued after a hearing would remain in effect for one year and could be extended for up to another 12 months after the case is reviewed again.
Editor: JŁ
