Tennessee Legislature Rejects Republican Governor’s Call for Red Flag Legislation

Tennessee Legislature Rejects Republican Governor’s Call for Red Flag Legislation
State Sen. Jeff Yarbro debates a proposal allowing faith-based adoption agencies to decline to place children with same-sex couples because of their religious belief, in Nashville, Tenn., on Jan. 14, 2020. Mark Humphrey/AP Photo
Chase Smith
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Calls by Tennessee Republican Gov. Bill Lee for an extreme risk protection order law were dead on arrival in the Tennessee General Assembly as they attempted to wrap up the 2023 legislative session on Friday without being taken up in either chamber.

The state’s GOP caucus posted on Twitter earlier this week that any call for such legislation, which some have referred to as a red flag law, was a “non-starter.”

“Any red flag law is a non-starter for House Republicans,” the caucus stated. “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.”

Lee called on the state legislature to bring forth and pass an enhanced order of protection law, which some Republicans and gun rights groups have said equates to a red flag law. The governor’s office circulated samples of legislation to debate, which lawmakers mentioned in comments throughout the week.
Red flag laws are enacted to take guns away from those deemed a risk to themselves or others, but objections to such a law revolve around the due process rights of citizens. Lee tried to soften those qualms by stating any Tennessee law would ensure due process and involve local law enforcement in any decision to take away firearms from any individual.

Senate Opposes Calls to Take Up Bill

On the state Senate floor Thursday, Democrat state Sen. Jeff Yarbro attempted to recall from a judiciary committee a previous bill that did not move through that process directly to the floor. The bill was delayed repeatedly until the chairman of that committee tabled all gun-related bills until 2024.
“We have moms that have been here for days on end, moms that are here for the first time. I think I see Evelyn’s mom here with us today,” Yarbro said, invoking the mother of Evelyn Dieckhaus, who was one of three 9-year-olds killed in the Covenant School shooting in March.

He went on to speak of other moms who have called for “common sense” gun laws.

“How do we not feel shame for failing to do anything,” he said. “Mr. Speaker, I do not want to hug another mom, knowing that we could have done more, knowing that we could have at least tried to do more.”

Evelyn Dieckhaus in an undated photo. (Handout via AP)
Evelyn Dieckhaus in an undated photo. Handout via AP

Republican Rules Committee Chair state Sen. Bo Watson objected based on the precedent of not bringing bills directly to the Senate floor.

“At some point in time, all of us have had pieces of legislation that we would have loved to call directly to the floor for a vote,” Watson said. “There has never been an incident when this body recalled a piece of legislation from a standing committee … no motion to recall has ever been successfully achieved.”

His attempt failed mostly along party lines, with one Republican joining the six Democrats in the chamber voting to bring the legislation up for debate.

House Follows Senate

After the legislation failed to move forward in the Senate, Democrat state Rep. Bob Freeman appeared to be dissuaded from bringing any legislation to the floor for a vote—instead calling on the governor and House speaker to call a special session dedicated directly to the topic of the murder problem.

“I was gonna stand and ask for us to bring back a bill from the delayed bills committee, make a motion on the floor, and as I’ve thought about it, I think we need real action—not some political grandstanding of trying to make a symbolic effort,” he said. “Everybody in this room, I would assume, has had somebody from Voices for a Safer Tennessee come by and talk to them about what we need to do about gun violence. If they haven’t come to see you, you’ve seen them in the halls as you walk in this chamber, and they are begging for us to do something.”

Freeman also noted Evelyn Dieckhaus’s mother was in the House chamber.

“In the chamber gallery, we have Evelyn’s mother, and she’s down here asking, begging for us to do something to make a difference,” he said. “I’m not going to put us all in a situation where we have what can even be viewed as political grandstanding. But what I am gonna do is call on … a special session. Let’s come back where we can spend some real time and address gun violence in our state.”

He added, “Not in two months,” but called on a special session to be almost immediate.

Earlier in the day, state Rep. Jason Powell, another Nashville Democrat, called on the legislature to pass Medicaid expansion to tackle the mental health issues leading to mass shootings and to take care of the mental health of victims.

Action was not taken on either of those calls by Democrats.

Previous Action

Shortly after the Christian school massacre, Lee alongside his Republican colleagues, announced budgetary changes to increase security in schools.
The flag atop the Tennessee State Capitol in Nashville flew at half-staff, on April 19. (Chase Smith/The Epoch Times)
The flag atop the Tennessee State Capitol in Nashville flew at half-staff, on April 19. Chase Smith/The Epoch Times

The budget items included funding for a school resource officer at every school in the state, along with having a Homeland Security agent in every county. As the House passed the budgetary items this week, they noted the agents would be regional—but each county would still be covered.

Another bill that would have armed teachers was supposed to be taken up on Monday but was essentially put in limbo to be called at any time and is essentially dead for this session.

The Epoch Times reached out to Lee’s office for comment but has received no reply.

Chase Smith
Chase Smith
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Chase is an award-winning journalist. He covers national news for The Epoch Times and is based out of Tennessee. For news tips, send Chase an email at [email protected] or connect with him on X.
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