Republicans in the Tennessee House of Representatives are signaling defiance of their fellow Republican, Gov. Bill Lee, after he proposed legislation to allow law enforcement officers to temporarily seize firearms from persons if a court agrees that they pose a threat of harm to themselves or others.
Tennessee policymakers have considered a number of new laws since the March 27 Covenant School Shooting, in which an assailant killed three children and three employees at a private Christian school in Nashville. In the days after the shooting, Lee proposed a revised state budget that included additional spending for school security. In more recent days, Lee has also called for legislation that would allow police and courts to intervene to remove firearms from persons believed to pose a risk to themselves or others.
On Wednesday, Lee’s office shared draft legislation (pdf) that would establish a so-called “temporary mental health order of protection.” This order would allow law enforcement officers and agencies to petition a court to temporarily seize a person’s firearms if the officials could convince the court that the person had made threats or attempts of serious bodily harm to themselves or others, or “places another in reasonable fear of violent behavior and serious physical harm.”
The language proposed in Lee’s draft legislation is similar to laws adopted in other states that allow concerned parties to petition courts to remove a person’s firearms. These laws are often referred to as extreme risk protective orders (ERPOs), gun violence restraining orders (GVROs), or similar terms, but are most often referred to colloquially by both critics and proponents as “Red Flag“ laws.
In a video message posted on Twitter, Lee said “we all agree that dangerous, unstable individuals who intend to harm themselves or others should not have access to weapons. And that should be done in a way that requires due process and a high burden of proof, supports law enforcement and punishes false reporting, enhances mental health support, and preserves the Second Amendment for law-abiding citizens.”
The governor said he had crafted his proposed legislation after working with Tennessee lawmakers, including “constitutionally minded, second amendment-protecting members” of the state legislature.
Lee Rejects ‘Red Flag’ Label
In his remarks proposing the legislation, Lee opposed placing his proposed “temporary mental health order of protection” in the same category as other bills that have been deemed “red flag” laws.“National politicians and pundits—even the White House—are calling our proposal something that it’s not. ‘Red flag’ is nothing but a toxic political label meant to draw lines in the sand so nothing gets done,” Lee said in the video. “This is about Tennessee and the unique needs of our people. It should be reviewed on its own merits—not lumped in with laws from other states, many of which, I believe, don’t strike the right balance of preserving rights and protecting society.”
Lee argued that the law he is proposing simply expands on procedures the state already has in place to remove firearms.
“In Tennessee right now, if a husband threatens to hurt his wife, an Order of Protection would temporarily restrict his access to weapons to protect the spouse,” Lee said. “If that same man threatens to shoot himself or a church or a mall, our proposal will provide that same level of protection to the broader public.”
Lee said lawmakers owe Tennesseans a vote on his proposal.
Democrats Back Lee’s Efforts
Democrats in the Tennessee House reshared Lee’s video message calling for the introduction of the temporary mental health order. The Democrats said that “The time is always right to do right. The eyes of the nation are upon us. We must act, and we must do it now.”Rep. John Ray Clemmons, a Democrat from Nashville, described Lee’s proposed legislation as weak, but something Democrats could work with.
“The ’temporary removal' bill @GovBillLee threw into the wind today was weak, but it was *something* that we could work with at least. It’s becoming clear that TN GOP is going [to] do NOTHING before we adjourn. Failing to act is simply unacceptable,” Clemmons tweeted on Wednesday.
Republican Resistance
While Lee insisted his legislation would strengthen public safety and preserve individual rights, Republicans in the Tennessee House signaled opposition to proposals like the one Lee described.“Any red flag law is a non-starter for House Republicans,” the Tennessee House Republican Caucus wrote in a tweet on Wednesday. “Our caucus is focused on finding solutions that prevent dangerous individuals from harming the public and preserve the Second Amendment rights of law-abiding citizens. We have always been open to working with Governor Lee on measures that fit within that framework.”
Rep. Jason Zachary, a Republican, wrote on Twitter that “Red flag/order of protection legislation will not pass the TN House. I do not and will not support. The vast majority of my fellow @tnhousegop colleagues feel the same.”
From NTD News
