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Red Flag Law and Weapon Limits in Texas

Whether Texas has a red flag (extreme risk) law and any limits on assault weapons or magazine capacity.

Short answer: Texas has no state law that provides for extreme risk protection orders, and since September 1, 2025 state law prohibits them: state and local entities may not adopt or enforce any rule or policy on extreme risk protective orders unless state law specifically authorizes it; Tex. Code Crim. Proc. arts. 7C.001-7C.006 (Acts 2025, 89th Leg., R.S., Ch. 1182 (S.B. 1362), eff. Sept. 1, 2025); Tex. Penal Code ch. 46, Tex. Code Crim. Proc. ch. 7B and Tex. Fam. Code chs. 81, 83, 85 (reviewed)

Red flag lawTexas has no state law that provides for extreme risk protection orders, and since September 1, 2025 state law prohibits them: state and local entities may not adopt or enforce any rule or policy on extreme risk protective orders unless state law specifically authorizes it; federal measures enforcing such orders that infringe due process, gun or speech rights are declared unenforceable in Texas; entities may not accept federal grants to enforce them; and serving or enforcing (or attempting to) an extreme risk protective order against a person in Texas, unless issued under Texas law, is a state jail felony. Ordinary protective orders under the Family Code or Code of Criminal Procedure are not affected.
Reviewed Tex. Penal Code ch. 46, Code Crim. Proc. chs. 7B-7C and Family Code chs. 81, 83 and 85 on 2026-10-27; no state extreme risk order procedure found.
Source: Tex. Code Crim. Proc. arts. 7C.001-7C.006 (Acts 2025, 89th Leg., R.S., Ch. 1182 (S.B. 1362), eff. Sept. 1, 2025); Tex. Penal Code ch. 46, Tex. Code Crim. Proc. ch. 7B and Tex. Fam. Code chs. 81, 83, 85 (reviewed)
Assault weapons and magazine limitsTexas has no state law that bans assault weapons or limits magazine capacity. Cities may not adopt or enforce regulations relating to the possession, ownership or commerce in firearms, ammunition, or firearm supplies or accessories.
Reviewed Tex. Penal Code ch. 46 (Weapons, §§ 46.01-46.15) on 2026-10-27; no provision found. Local preemption: https://tcss.legis.texas.gov/resources/lg/htm/lg.229.htm
Source: Tex. Penal Code ch. 46 (reviewed); Tex. Local Gov't Code § 229.001(a)

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FAQ

Does Texas have a red flag law?
Texas has no state law that provides for extreme risk protection orders, and since September 1, 2025 state law prohibits them: state and local entities may not adopt or enforce any rule or policy on extreme risk protective orders unless state law specifically authorizes it; federal measures enforcing such orders that infringe due process, gun or speech rights are declared unenforceable in Texas; entities may not accept federal grants to enforce them; and serving or enforcing (or attempting to) an extreme risk protective order against a person in Texas, unless issued under Texas law, is a state jail felony. Ordinary protective orders under the Family Code or Code of Criminal Procedure are not affected.
Does Texas ban assault weapons or high-capacity magazines?
Texas has no state law that bans assault weapons or limits magazine capacity. Cities may not adopt or enforce regulations relating to the possession, ownership or commerce in firearms, ammunition, or firearm supplies or accessories.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.