Texas Bans Red Flag LAWS!

Gregory Kielma • July 4, 2025

Texas Bans Red-Flag Laws

Texas Bans Red-Flag Laws
Darwin Nercesian  

To no surprise, the legislative session in Texas this year has ended on a high note for real Americans living in the state who value naturally bestowed freedoms recognized by the United States Constitution. Despite efforts from the left to thwart Foundational values, and by efforts I mean dishonesty and hyperbole designed to manipulate the public into embracing their subjugation, lawmakers have established a preemption measure prohibiting red-flag extreme risk protective orders (ERPOs) from being used to seize privately owned firearms and block Second Amendment rights without due process of the law. 

Senate Bill 1362 was signed into law over the weekend of June 21, as Texas Governor Greg Abbott addressed approximately 600 pieces of legislation on his desk prior to the Sunday veto deadline. The law, which goes into effect on September 1, is known as the Anti-Red Flag Act and is a vital measure meant to protect Texans from the true purpose of such orders, which are nothing more than a conduit to abuse and disarm Americans under the guise of protecting them from being a danger to themselves or others. 

Not having committed a crime, however, how is it possible to forcibly remove an individual’s private property, especially firearms and firearm rights protected under the Second Amendment, without getting into some sketchy Minority Report-style civil rights violations? It isn’t possible, and it’s unfortunate that we need to pass these laws in a country that has all but forgotten the Foundational preemptions already built into the Constitution. 

S.B. 1362 prohibits both the adoption and enforcement of most types of ERPOs, protecting Texans from unjust confiscations and the removal of rights without having been granted due process. If you think this feels redundant, given that the Constitution already states this, your feelings are correct. But what good is a law without any teeth behind it? Texas legislators addressed this with the imposition of criminal penalties and jail time for any attempt to enforce such an order outside of criminal proceedings, and in the case of existing domestic violence protection orders.

In addition, the bill prohibits Texas entities from entering into agreements to accept federal funds that Democratic administrations have previously used to bribe states and municipalities into adopting red-flag laws, highlighting a provision that renders any federal emergency protective order laws unenforceable in the state if they violate the Second Amendment.  

Republican Representative Cole Hefner sponsored S.B. 1362 with one thing on his mind, arguably that which should be the defining principle of any duly elected official: preserving and defending the rights of his constituents. 

“We don’t need magistrates or judges determining, without due process, someone’s Constitutional rights,” said Hefner.

Hefner can afford to keep it short and sweet because his disposition on the matter is cogent, based in logic and reason, and is entirely supported by the Constitution. 

Meanwhile, in the realm of uncompelling arguments, Nicole Golden, executive director of Texas Gun Sense, spouted off about red-flag laws eroding due process as “misinformation,” exposing herself as part of the subversion regime that continues to insult American intelligence by claiming these ERPOs take due process into account, which they do not by their very own definition. 

“If you look at other states’ bills, they’re built specifically with those protections in mind,” Golden lied. 

But that’s just the tip of the Democrat manipulation iceberg, as Darrell Miller, a “Constitutional law scholar” at the University of Chicago Law School, demonstrates with his inept critique of the consequences that arise from violation of the new law. 

“Laws [like S.B. 1362] not only tell cities and local governments that they can’t have a different policy from the state; they say, ‘If you have a different policy, we’re going to make it a crime to do so,’” said Miller.

With people like Miller being touted as “Constitutional scholars,” it’s no wonder Chicago has fallen to corruption and criminal violence. What is the point of a Constitution if it can be modified or completely negated by cities and local governments? Furthermore, I’d love to ask this charlatan if he’d support the amendment of other provisions in the Bill of Rights at the state and local levels. Imagine driving across a state with a library of handbooks just to keep up with the law in each traversed municipality. Imagine driving into a rural county and being arrested for exercising freedom of expression that the local government has decided is no longer acceptable. But Miller isn’t out of his mind. He’s just a shill who takes his marching orders like the good little brown shirt he is. 

Miller also takes issue with the fact that violation of the law does not come without consequences, including convictions, fines, and time behind bars, calling it “very disturbing” and referring to the provision as “punitive preemption,” accusing conservative lawmakers of wielding the threat against liberal strongholds, otherwise known as leftist dumpster fire cities. 

“It essentially criminalizes ordinary political differences,” says Miller.

The pot and the kettle are so muddled for this guy that I doubt he could make himself a cup of tea without accidentally drowning in his own BS. This familiar dance is a staple of the leftist diet, which requires useful idiots to deflect their own subversive maneuvers by accusing conservatives of the very behaviors that liberals are engaged in. It is the left that seeks to criminalize the Constitutionally protected behavior of law-abiding citizens every day based on arbitrary metrics, like magazine capacity, barrel length, and other inconsequential factors drummed up for no other reason than to reign down government tyranny upon those with whom they disagree politically. 

By Gregory Kielma September 30, 2025
Minnesota Dems Preview Proposals For Special Legislative Session On Gun Control Mark Chesnut The first hearing of the Minnesota special legislative session called by Democrat Gov. Tim Walz to ban millions of privately owned firearms and force several other infringements upon state gun owners revealed some of the measures that will likely be considered. According to a report at grandforksherald.com, the September 15 meeting included not only lawmakers, but also parents of children that were hurt in the shooting at Annunciation Catholic Church, where a trans man fired into the windows of the church during the school’s first Mass of the year. At the top of the wish list, of course, is banning so-called “assault weapons,” popular semi-auto firearms owned by millions of Americans who use them for sporting shooting, hunting, competition and other legal purposes. Of course, when a deranged criminal uses such rifles to kill children he has barricaded into a church, suddenly it’s the gun that is the culprit. Interestingly, reports from law enforcement following the attack indicated that the perpetrator also used a shotgun and handgun, along with a rifle. It’s unclear whether Democrat lawmakers will call for a total ban on shotguns and handguns as a result. Other Democrat proposals mentioned during the hearing include a re-enactment of the state’s binary trigger ban, which was struck down last month by a district court, a requirement for serial numbers on guns, safe storage requirements, gun safety training and the creation of a civil commitment division in the Attorney General’s Office. Incidentally, there have been no reports that the attacker at Annunciation Church used a binary trigger, a gun without a serial number or a gun that was stored unsafely.
By Gregory Kielma September 30, 2025
Nikki Freed Florida Democrats Trash Open Carry Ruling September 22, 2025 24 comments While Florida gun owners are celebrating the recent court ruling overturning the state’s ban on open carry of firearms, anti-gun Democrats in the Sunshine State are much less enthused. In fact, some are downright angry over the situation. On September 10, Florida’s First District Court of Appeals ruled that the open carry ban violates citizens’ Second Amendment rights, reversing the conviction of the central figure in the case. Then, on September 15, Florida Attorney General James Uthmeier sent a letter to law enforcement agencies and prosecutors stating that “no Florida court will any longer be empowered to convict a defendant” under the ban, and that his office will no longer defend such prosecutions. Now, anti-gun lawmakers in the state, particularly those of the Democrat persuasion, are speaking out against the ruling, promising certain tragedy—despite the fact that 47 other states already allow open carry of firearms. One of the most vocal critics is Florida Democrat Party Chair Nikki Fried. In a news release distributed by the party, which handily appeared on the same pages as an opportunity to donate to the party, Fried bashed the court’s decision. “I have a long history advocating for the rights afforded in the Second Amendment and have previously petitioned Courts to uphold those rights for all citizens,” Fried said. “However, I strongly believe that the First District Court of Appeals has erred in its recent opinion, which paves the way for open carry in the State of Florida.” Of course, the phrase, “I support the Second Amendment, but … has been uttered by anti-gun politicians, bureaucrats and activists ever since they decided that truth wasn’t important to the gun control debate. But I digress.
By Gregory Kielma September 29, 2025
Can a loaded firearm go off without pulling the trigger? Says Gregg Kielma firearms trainer and firearm enthusiast, I have never had a firearm discharge by itself. I’ve dropped a few, not many at all, however, never had a negligent discharge, ever. Can it happen? I understand the Sig 320 semi auto firearm when accidentally dropped has discharged. Check out the reviews on this firearm. Would I own a Sig P320, no. Would I own the Sig P365 and carry it absolutely. Negligent discharge refers to the unintentional firing of a firearm due to carelessness or failure to follow safety protocols, and it can have serious legal and personal consequences. Definition and Distinction • Negligent Discharge: This occurs when a firearm is unintentionally fired due to a lack of care or failure to adhere to basic safety rules. It is often the result of human error, such as improper handling or not keeping the finger off the trigger. • Accidental Discharge: In contrast, an accidental discharge typically involves mechanical failures or unexpected events, rather than human negligence. Many experts argue that what is often labeled as an accidental discharge is actually a negligent discharge. Legal Implications • In some jurisdictions: such as California, negligent discharge is defined legally under Penal Code § 246.3. It involves willfully discharging a firearm in a grossly negligent manner, which could result in injury or death. This can lead to misdemeanor or felony charges, with penalties including imprisonment. • To be convicted of negligent discharge: it must be proven that the individual acted with gross negligence, meaning a reasonable person would have recognized the risk involved in their actions. Causes of Negligent Discharge • Human Error: Most negligent discharges occur due to carelessness, such as failing to follow firearm safety rules, improper handling, or leaving a firearm unsecured. • Poor Trigger Discipline: A common cause is improper trigger finger placement, where the shooter inadvertently pulls the trigger while handling the firearm. Prevention Strategies • Follow Safety Rules: Adhering to fundamental firearm safety rules can significantly reduce the risk of negligent discharges. These include treating every firearm as if it is loaded, keeping the finger off the trigger until ready to shoot, and ensuring the firearm is pointed in a safe direction. • Proper Training: Comprehensive training on firearm safety and handling can help prevent negligent discharges by educating users on the risks and responsibilities of firearm ownership. Conclusion Negligent discharge is a serious issue in firearm safety that can lead to severe consequences, both legally and personally. Understanding its definition, causes, and prevention methods is crucial for responsible firearm ownership and safety. By following established safety protocols and receiving proper training, the likelihood of such incidents can be minimized. Lets take a look at what Andrew said recently on my blog Complex Question. I’ve dropped a Glock 9mm right on the back of the slide from 6′… no discharge. I’ve dropped a flattop old model .44 mag Ruger from 4′ and blew a hole through the ceiling missing me by 3″ or less. I've fired an M60 belted to the max, removed the trigger group and let the ammo fly until the rounds cooked off before the firing pin hit…ie. we removed the trigger in a fully automatic belted firearm. I've had a 9mm AR15 platform go off when I released the bolt group. Just like and old school Ingram Mac 45 that has a fixed firing pin and fires from an open bolt… i.e. cocked back just far enough not to engage the trigger, but the spring was heavy enough to cause the fixed firing pin to strike the primer. So… I've personally had 4 out of 5 experiences where I didn't pull the trigger and the gun discharged. So accidentally dropping a loaded old school revolver that didn't have that additional safety installed but had a load under the hammer when it should have been empty. So…Do guns discharge without pulling the trigger. It depends on the firearms. Knowledge is king. Research what you are purchasing, get opinions from Gunsmiths ask the critical questions. Know before you buy! They only fire when something, a physical action, initiates the gun to go fire. If the mechanical failure is with the hammer and trigger systems, yes, they can fire…but that's a mechanical failure ie. dropped or misuse of the firearm.
By Gregory Kielma September 27, 2025
I get asked this a lot …If someone who already owns a 9mm handgun, is it worth getting a budget AR-style rifle for home defense, or should they consider a 12 Guage shot gun? Gregg Kielma Let’s Take a LOOK. If you have the money and patience, the best home defense setup from a functional standpoint is going to be a carbine with a red dot, flashlight, and suppressor firing subsonic ammunition. The reasons for this is because: • Carbines, with three points of contact, is more accurate and easier to handle than pistols with 1 point of contact. • Lights are required to be able to correctly identify what you are shooting at. • Red dots are the fastest form of sighting system for short range shooting. Suppressors and subsonic ammunition help reduce noise levels, which can prevent hearing damage during firearm use. However, is having a kitted-out AR, in either 9mm or 5.55/.223, going to look worse to a jury if you end up in front of one. It is important to be familiar with both the policies of your local District Attorney and the office culture, as you may encounter varying approaches from different prosecutors. If you use a weapon for self-defense, the police may confiscate it as evidence, possibly for weeks or even permanently, depending on local policies. Pump action shotguns typically have a smaller magazine capacity and require additional training to operate effectively. New shooters often short stroke the pump by not fully pushing it forward, which can prevent the trigger from resetting or cause out-of-battery detonation. If you don't have the money and patience for a suppressor, either a rifle or pistol round carbine isn't really going to matter. My choice for home defense a good tactical 12g shot gun. Make sure it cycles a full magazine reliably, your magazines work properly, and it has a red dot and flashlight.
By Gregory Kielma September 27, 2025
Can people carry a gun in a bank with a license? From Jeff and Avid reader of the BLOG I carry concealed all the time. Banks, stores with no guns allowed signs, etc. The only thing they can do IF they see the gun (since it’s concealed, they can’t) is ask me to leave. The only places I don’t carry are courts and federal buildings (post office, etc.). I’m 78 so I need a way to defend myself. In the thirty years I’ve been carrying, I’ve never had to pull my weapon, and I hope I never do. It’s like having a fire extinguisher, you never want to have to use it but you have it available just in case. Thank you Jeff for your "plan"
By Gregory Kielma September 27, 2025
What to know about Florida’s open-carry law TODAY Keep Checking The Laws Florida's ban on open carry firearms has been ruled or Has IT? Florida's open carry ban for guns ruled unconstitutional. What does that mean for gun owners? Florida’s open carry ruling, which expands gun rights in public, took effect Sept. 25 — but Sarasota and Manatee businesses can still bar firearms. On Sept. 10, Florida’s 1st District Court of Appeal ruled that the state’s long-standing ban on visibly carrying firearms in public is unconstitutional. The decision comes despite research linking looser gun laws to higher rates of violent crime, suicides, firearm thefts and law enforcement shootings. She questions whether people who carry guns openly will be more apt to use them during road rage or a fight. “Floridians have not had guns out in the open, and it's kind of a terrifying thought for a lot of people,” Resigno said. “When you consider how many people nowadays have had someone either get shot or been in a shooting situation, it’s going to be triggering.” Matthew Binkley, SCSO Community Affairs Manager, shared that all SCSO personnel have received legal updates from the agency's general counsel’s office. Moving forward, continued training and education on open carry will be implemented for deputies. “Deputies should expect that members of the public will express concern, confusion or even alarm as they adjust to the sight of firearms in places where they were not previously accustomed to seeing them,” Binkley said. "Our responsibility to the community has not changed. We remain committed to protecting both the rights and the safety of all citizens.” Open carry of firearms is now legal in Florida as of September 25, 2025, though notable restrictions and exceptions still apply. Where Open Carry is Allowed: • Public areas generally open to citizens: Open carry is permitted on government property and in public spaces not restricted by federal or state law • Private property: Property owners, businesses, and residences can still prohibit publicly carried firearms, and ignoring these restrictions may result in armed trespass, classified as a third-degree felony Where Open Carry is Not Allowed Certain locations remain off-limits due to state or federal restrictions or safety concerns: • Police, sheriff, and highway patrol stations • Detention facilities, jails, or prisons • Courthouses (judges may allow exceptions in courtrooms) • Polling places • Meetings of governing bodies at county, city, or school district levels • Schools, colleges, or professional athletic events not related to firearms • Any property where federal law prohibits firearms • Properties deemed a public nuisance under Florida statute §823.05, such as illegal gambling halls or locations facilitating criminal gang activity Interaction With Other Laws Florida’s red-flag laws and risk protection orders remain in effect. Firearms can be temporarily removed from individuals: • Taken into custody for involuntary mental health examination under the Baker Act • Adjudicated as mentally defective or committed to a mental institution • Identified as high-risk by law enforcement for harming themselves or others
By Gregory Kielma September 23, 2025
Plant City Drug Dealer Who Imported Glock Switches From China Convicted Of Drug Distribution, Possessing Machinegun, And Other Firearms Offenses U.S. Attorney's Office, Middle District of Florida Tampa, Florida – United States Attorney Gregory W. Kehoe announces that a federal jury has found Phillip Michael Valeriani (42, Plant City) guilty of possessing cocaine and marijuana with the intent to distribute it. Valeriani was also adjudicated guilty prior to trial for possessing a machinegun, a silencer, and a firearm as a convicted felon. He faces a maximum penalty on all counts of 75 years in federal prison. His sentencing hearing is scheduled for December 10, 2025. According to testimony and evidence presented at trial, Valeriani used a fictitious name to order 63 Glock Switch components from China concealed inside a toy car box, which were seized at John F. Kennedy International Airport in New York. A search of Valeriani’s Plant City residence revealed a machinegun, a silencer, a rifle, and dozens of firearms components. Also found inside the house were distribution quantities of marijuana and crack cocaine as well as FBI and DEA raid jackets. Testimony at trial also revealed that Valeriani was a prolific marijuana and cocaine trafficker. In February 2024, at the same Plant City residence, drug traffickers robbed Valeriani and stole distribution quantities of marijuana, $4,000 in cash, and firearms. On May 12, 2024, Valeriani flew into the Tampa International Airport from Medford, Oregon with 64 pounds of marijuana inside three suitcases. Authorities also seized 112 grams of cocaine during a prior traffic stop for which Valeriani took responsibility. This case was investigated by Homeland Security Investigations, the Plant City Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Customs and Border Protection, the U.S. Postal Inspection Service, the Tampa International Airport Police Department, the Florida Department of Law Enforcement, the Federal Bureau of Investigation, and the Hillsborough County Sheriff’s Office. It is being prosecuted by Assistant United States Attorneys David W.A. Chee and Adam W. McCall. This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
By Gregory Kielma September 22, 2025
SAF Files Appellate Brief In 3rd Circuit Medical Marijuana Gun Ban Challenge Federal law prohibits firearm possession by individuals who use illegal drugs, a provision that has come under increased scrutiny as more states legalize medicinal and recreational marijuana. This has led to several recent court cases concerning marijuana and firearms. In a previous report, a three-judge panel of the 11th Circuit Court of Appeals determined that medical marijuana users may retain their Second Amendment rights, noting an absence of evidence indicating that marijuana use alone increases dangerousness. Recently, the 10th Circuit Court of Appeals found that the federal law conflicted with the Second Amendment, although it referred the case back to the district court for further proceedings. Another relevant case is scheduled before the Philadelphia-based 3rd Circuit Court of Appeals. In Greene v. Bondi, the Second Amendment Foundation (SAF) submitted its opening brief challenging the federal prohibition on gun ownership for medical marijuana users. The SAF's case includes two private citizens: Warren County, Pa., District Attorney Robert Greene, who holds a Pennsylvania-issued medical marijuana ID card and wishes to possess firearms and ammunition; and James Irey, a disabled veteran seeking a medical marijuana ID to manage service-related injuries but concerned about losing his Second Amendment rights. According to an SAF news release, Executive Director Adam Kraut stated that marijuana is federally classified as a Schedule 1 narcotic, regardless of state-level legalization for medical purposes. Kraut described the situation facing medical marijuana users as a choice between accessing treatment and exercising Second Amendment rights, contrasting this with regulations allowing prescription painkiller users to purchase firearms. A Delaware court recently invalidated the state’s 2022 law banning firearm possession. The SAF brief asserts: “Prohibiting Greene, Irey, and similarly situated SAF members from purchasing, possessing, or using firearms and state-authorized medical marijuana constitutes a violation of the Second Amendment, as there is no analogous historical tradition of such firearms regulation in the United States.” The plaintiffs are seeking the repeal of the law so that individuals legally using medical marijuana can also exercise their Second Amendment rights. The brief concludes by requesting that the Third Circuit consider the matter en banc, apply the categorical approach to Second Amendment challenges to § 922(g), reverse the district court’s judgment, and find the challenged laws unconstitutional, either facially or as applied to the plaintiffs. Alan M. Gottlieb, SAF founder and executive vice president, observed that as additional states legalize medical marijuana, the interplay between cannabis use and firearm rights creates added complexity for residents. Gottlieb stated that legal use of medical marijuana should not automatically result in the loss of Second Amendment rights, and indicated SAF’s intent to contest these restrictions in court.
By Gregory Kielma September 22, 2025
3 Gun-Rights Groups Voice Opposition To Reported Trans Firearm Ban Proposal Media reports that the Trump Administration might be considering a move to ban gun ownership for trans Americans following the August 27 shooting at a Catholic school and church in Minneapolis, Minnesota, have some gun-rights groups speaking out. The attack at Church of the Annunciation, committed by a young man who had legally changed his name to a woman’s name, left two elementary-age children dead and 17 other people injured. In the aftermath, several media outlets, including CNN, reported that senior Justice Department officials are “weighing proposals” to limit gun ownership rights of trans individuals. That proposal has drawn the ire of the Citizens Committee for the Right to Keep and Bear Arms (CCRKBA), the Firearms Policy Coalition (FPC) and the National Rifle Association. All three groups say such a move would violate the Second Amendment. “Prohibiting whole groups of people from owning and using firearms because a sick individual misused a gun to harm and kill children is as reprehensible as restricting the rights of all law-abiding citizens because some people have committed crimes,” Alan Gottlieb, CCRKBA chairman, said in a news release addressing the issue. “That anyone in the Trump administration would consider such nonsense is alarming.” As Gottlieb further pointed out, such a blanket prohibition, which would affect an unknown number of people who haven’t harmed anyone, is simply wrong. “Gun owners already know what it’s like for the government to penalize them for crimes they did not commit,” Gottlieb said. “We shouldn’t even consider such an extreme response to a heinous act committed by one disturbed individual, much less implement it, no matter how horrible the crime. The deranged Minneapolis killer is no longer a threat to anybody, and we needn’t make scapegoats of others who had nothing to do with that outrage, just to create the impression something is being done.” Gottlieb said the ironic part of the whole situation is that some in the so-called “mainstream” media are suddenly supporting gun rights because somebody in the Trump administration is talking about restricting transgender individuals from exercising their Second Amendment rights.
By Gregory Kielma September 22, 2025
Jasmine Crockett Texas Democrat insists her language is ‘accurate’ and a reflection of the president’s ‘playbook,’ while also taking aim at late activist Charlie Kirk . Rep. Jasmine Crockett (D-TX) stood by her previous statements comparing President Donald Trump to Adolf Hitler during a recent appearance on CNN’s “State of the Union.” The Texas Democrat, in an interview with anchor Dana Bash, defended her use of the term “wannabe Hitler,” arguing that it is “accurate language” to describe the president’s actions and policies. The discussion came after Crockett had used similar rhetoric in a prior interview on MSNBC in July, following two assassination attempts on the president. When asked by Bash whether she felt a responsibility to moderate her language, Crockett responded that her primary responsibility is to be “transparent and to be honest.” "The reality is that we are living in a time in which this administration and this regime is not interested in making sure that people understand history,” Crockett said. “We need to understand why they are so problematic.” She continued, asserting that the president’s policies constitute a “playbook out of Hitler.” The interview also saw Crockett takes aim at the late Turning Point USA founder Charlie Kirk , whose memorial service was taking place at the same time as the interview. Crockett claimed without providing evidence that Charlie Kirk had said “things about who should live and who should die.” This is not the first time Crockett has made such claims about Charlie Kirk. Following his assassination on September 10, Crockett justified her “wannabe Hitler” comments on “The Breakfast Club” by distinguishing between her rhetoric and what she characterized as the president's promotion of a “culture of violence.” In a previous May interview on “American Fever Dream,” Crockett also stated that Republicans were “inherently… violent” and attracted “violent actors.” She dismissed the violence associated with groups like Black Lives Matter, claiming, “they try to pretend like that.” This is in contrast with a statement from Utah Governor Spencer Cox, who at a September 12 press conference stated that authorities found anti-fascist messages on ammunition recovered near Charlie Kirk’s assassination site.