Gun Bills Lead the Flood in Austin: Red-Flag Orders, Under-21 Rifle Limits and Private-Sale Background Checks Filed for the 90th Legislature
Among the nearly 970 bills filed by noon on the first day of prefiling, one cluster stood out: a package of Democratic firearms bills — extreme-risk protective orders, under-21 rifle-transfer limits and background checks on private sales — that now faces a Republican-controlled Senate.
The first day of bill filing for the 90th Texas Legislature brought a flood of firearms legislation from Democratic lawmakers, filed days after Republicans lost the Texas House and the governor's office. The proposals range from temporary gun-removal orders issued without a prior hearing to age limits on rifles, background checks on private sales and expanded criminal penalties. None of them is law; each would have to survive a Republican-controlled Senate and a session that does not convene until January 12, 2027.
The lead measures, as listed in Monday's filing reports: HB 218, by Rep. Johnson, would create extreme-risk protective orders, including temporary orders issued without notice, on an application by a family or household member or a peace officer alleging that a person has a serious mental illness and poses an immediate danger because of access to firearms; the person would have to turn over their guns within 24 hours, a full order would last up to a year and could be renewed, and possessing a gun in violation would be a Class A misdemeanor. HB 173, by Rep. Moody, would make it a state jail felony to transfer a semiautomatic rifle that takes a detachable magazine and is larger than .22 caliber to anyone under 21, with exceptions for peace officers, current or honorably discharged military members, and some temporary loans at a range or on a hunt.
HB 613, by Rep. Lalani, would require a national instant criminal background check on private firearm transfers. Lalani also filed HB 576 and HB 612, barring registered sex offenders from buying or possessing firearms, and HB 606 and HB 610, prohibiting transfers to and purchase or possession by people under 21. In the Senate, SB 80, by Sen. Zaffirini, would prohibit certain transfers, purchases and possession of assault weapons. HB 103, by Rep. Martinez, would expand the state crime of reckless discharge of a firearm to counties of 500,000 or more people — a class that includes Harris County — not just cities of 100,000 or more.
A second tier of filings would increase penalties and reporting: HB 609 and HB 658 address making a firearm accessible to a child; HB 618, by Moody, would restrict transferring magazines to people prohibited from possessing the firearm the magazine is made for; HB 659 would require licensed dealers to report certain multiple-firearm or magazine sales to law enforcement; HB 712 addresses city and county authority over carrying firearms in certain libraries; HB 776 addresses expulsion-related offenses involving firearms on or within 1,000 feet of school property; and HB 859 would increase the penalty for discharging a firearm in certain municipalities.
The volume of filings marks a clear shift after an election that ended years of Republican majorities in the House and the executive branch. Whether any of the proposals advances will depend on the Republican-controlled Senate and the priorities of the new governor once the session begins — the same divided Capitol that received the Medicaid, minimum-wage and data-center bills filed earlier Monday (this station's SQ-20261109-033).
