The following is a video transcript.
In the past few years, we have seen an increasing number of states pass legislation addressing extreme risk protection orders, or “Red Flag” laws. While Texas does not currently have “Red Flag” laws in place, gun owners need to be aware of key laws like Chapter 573 of Texas Health and Safety Code.
Texas Health and Safety Code Chapter 573
Under Texas Health and Safety Code Chapter 573, a police officer, with or without a warrant, may take someone into custody if the officer has reason to believe and does believe that the person has a mental illness, and because of that mental illness, there is a substantial risk of serious harm to the person or others unless the person is immediately restrained. The police officer can take the person into custody without a warrant if he believes there is not sufficient time to obtain a warrant before taking the person into custody.
Further, Chapter 573 allows police to confiscate and hold any weapons, including firearms, that are found in the possession of the person taken into custody. This provision of the law allows the police to protect the public, without the potential abuse of Second Amendment rights we see with the newly emerging red flag laws in other states.
To stay current on pending legislation and updates to Texas law, stay tuned for future videos. If you have any questions about red flag laws, call Texas LawShield and ask to speak to your Independent Program Attorney.
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