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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ANOTHER ABSURD LAW!
Detaining, confiscating and arresting based on personal opinion. How does a LEO, without a Psychiatric Degree determine that someone is nuttier than they are?
Neither “unless” or “except” or any similar word appear in the 2nd Amendment after the phrase “shall not be infringed”.
If taken into custody on the road, does “in possession ” include any and all weapons at your home or does it mean only physically in your possession at the moment on the road?
WTF?! I just read the law and there are no actual “mental illness” symptoms listed there for officers to go by. So, “mentally ill” is in the eye of the beholder. How can the legislature not see how this law is going to be abused left, right and sideways?
There have already been cases of family members and exes calling in fake disturbances to get a gun owner’s guns confiscated. How long before it becomes rampant by people who hate guns?
Is there any movement to repeal this in the works?
I think you’ll find that most LEO’s who interact with the public have a fairly comprehensive idea of what mental illness entails. As for SWATting gun owners, the law says the LEO has reason to believe, and does believe, the person is a danger. Most SWATting incidents backfire on the compainant if the victim acts in a reasonable manner when approached.
Does Texas Law Shield defend its clients when law enforcement confiscates our firearms under a red flag law?
Hello Robin, we’re glad you asked. Check out our announcement here: https://www.tlsdev.com/red-flag-law-announcement/
I do NOT wish to relinquish any of my rights and/or liberties for the sake of safety which is exactly what this law and any other red flag law does. I do not want my mental health determined or diagnosed by a politician.
I see the 1930’s history repeating itself.
Alien says most LEO can tell whether a person is mentally disturbed
“REALLY” Did you know that the majority of cops has been married 3-4 times, got kid by multiple people. They can’t manage there on lives but they want to tell us what is right and wrong. So who’s mentally deranged?
This is another vaugely worded POS gun grabber law. Needs to be abolished NOW!!
When left up to an officer who may very well not agree with citizens being armed. How can you even think of saying this protects the 2nd amendment rights of citizens? While I support law enforcement as a whole. The news is full of stories of officers abusing their authority.
I’m saddened to learn that my state of Texas is making this nonsense into law. No due process, no warrants, and, where are the checks and balances? What training and qualifications are LEOs provided to ascertain an individual is insane and a danger to themselves or others? What recourse do citizens have to rebut the arrest and property seizures? Another left wing atrocity that denies citizens their rights at the whim of someone who could just get having a bad day.
Joe, you are sorely mistaken in your comment regarding LEOs and their ability to ID potentially mentally ill people. I was a LEO for over 10 years and can tell you without any doubt that it is not that difficult when dealing with the public to ID possibly mentally ill people. This is not an attack on our 2nd Amendment rights in any manner. Take for example, the recent church shooting in FW. Had an officer approached that man, it would have been pretty obvious he was disturbed and could have been taken into protective custody.
Additionally, I don’t know where you got your information about officer divorce rates, or whatever you meant in your statement, “got kid by multiple people.” but again all you are showing is your ignorance of police officers lives and responsibilities.
Additionally Police Officers do not tell you what is right and worn – they enforce the laws as passed by our government – you don’t like that – you can always leave.
Joe you’re an idiot and I find you mentally ill for that blanket statement
Here is one the big problems, offending the other party, if you CAN NOT debate, don’t, do not intervene. Not need to offend, Gov are deviding us, this is proved it.
This is not a red flag law. It is the foundation for a peace officer emergency commitment/detention and has been around since at least 2004-2005 when I started doing emergency commitments AS a Texas LEO.
The way this information is presented is deceptive and appears to be intended to purposely agitate people. Did you also know that when you’re arrested for a crime, your firearms in your possession can be seized also? Amazing eh? Been that way as long as I’ve been alive so lets keep things in perspective; a peace officer detaining a person in crisis to seek emergency mental health treatment is what this Texas law is about and is how it is carried out. I made emergency commitments (POEC/POED) for 7 years and I am about to be doing it again (I took a break) until I hopefully retire in a few years.
Please get some input from someone who ACTUALLY does the job and lets avoid misinforming your customers. And a reminder to everybody, please do your own research when you read something on the internet. We all are better for it. If TX Lawshield wants to contact me about POED and seizing of firearms while a person is in mental health crisis, feel free to.
TX LEO/Master TCOLE peace officer.
If anyone thinks this incursion is not serious just check out what happened in New Zealand in only a years time. After the Christchurch shooting by a Muslim terrorists the gov. passed a law that has allowed them to conscript all guns except 22’s with less than 10 rounds .It could happen here sooner than one thinks. Our gov. is already wanting mandatory registration of all your guns.
This “law” should never be enforced due to the fact that it does NOT agree with the constitution. Having a “mental illness ” is not an arrestable offense. Furthermore, is deprives a person of their personal property and without due process. But, if the person lied on the background check form, that is an arrestable offense and in turn gives the officer probable cause.
Whoa! Hold on y’all. The law cited in the newsletter is not a new “Red Flag Law” but an existing statute in place for a number of years that gives LEO’s and citizens rules for interaction. The question for us, as citizens and law-abiding gun owners, is do we want a LEO, when encountering an individual who is acting in an erratic or irrational manner, to have the ability to restrain/detain such a person and “hold” any weapon found? Do we think that ON BALANCE most LEOs will act appropriately? Seems to me that the answer to both this questions should be YES. Mistakes? Of course. Some cop will let someone go on down the street to shoot someone. Some cop having a bad day will make someone have a night in jail and a court hearing to get his or her gun back. But ON BALANCE giving LEO’s this discretion protects us all.
Working in the medical field, I have had expierience with this particular law. I can assure you, this is not a RED FLAG law. The officers that make these arrests need to have specific mental health training before an arrest is made. If one is not present on scene, one is called in. If the officer determines at that time that you are an immediate danger then you are taken to a mental health facility to be evaluated by an actual mental health professional. These holds usually last 72 hours to compensate for the delay in seeing a mental health provider. These holds can be renewed only by a judge and need a statement from a physician as support.
On the other hand, a physician may dissolve this hold of you are determined to not be having a mental health issue. At this time burden returns to the police agency to either arrest you if a crime was committed or release you.
As far as confiscation and search, these would all fall under the same provisions that a regular arrest would. They would search your person and collect any weapons for safety. These would be returned on release if they are legally possessed.
As a police officer, I disagree with the Red Flag laws. To the common non-thinking person it sounds good on the surface. To the ppl with the eyes to see and the ears to hear, we know this is yet another gov agenda planned attack on disarm and control.
What ever happened to “SHALL NOT BE INFRINGED”, PERIOD!!
This and ANY law against any person owning a gun is an infringment. We all know taking guns away from the law abiding people, treated as the criminals, waiting to be victims from the actual criminals who don’t bother with following any laws.
But, we (they) already know this. Hypocrites and Cognitive Dissidence
I have contacted both Senator Cruz and Congressman Ratcliff’s office concerning Red Flag Laws and THSC 573. I am not a Police Officer or an Attorney. I am Code Enforcement Office for a city and work closely and I have the upmost respect for both. I read the Bill of Rights posted on my wall above my desk each day. Everything I do in my job each day reflects those values to prevent me from infringing those rights on anybody I represent while caring out my job.
It is my opinion no police officer, Prosecutor, City official, State Official or Federal Government Official have the right under those Bill of Rights or the training to determine a person’s mental status without proper examination by a DR. certified in that science. This is a direct violation of the 4th Amendment of the Bill of Rights. As much as I respect Police Officers none of them are qualified to make that determination and strip people of their rights and passions without a court order. We are slowly having our rights trampled on and we must do everything we can to stop the erosion. We must be attentive and observant, or the liberals will erase all of our God give rights granted to us under the Constitution and the Bill of Rights.