Analysis: Will Tennessee GOP Governor’s Red Flag Proposal Change the Debate?
The Volunteer State is the place to watch for the country’s most interesting gun law debate right now.
As gun policy moves forward along preestablished partisan lines in red and blue states, Tennessee is the one place where a policy outside those lines has some chance of passing. Republican Governor Bill Lee, motivated by last month’s Nashville school shooting, is pushing the Republican-controlled legislature to pass a modified “red flag” law, which he has relabeled an “order of protection” law. But, unlike many previous proposals, Lee appears to be working to address common critiques levied against the temporary gun confiscation orders.
“Throughout the last couple of weeks, I have worked with members of the General Assembly – constitutionally minded, second amendment protecting members – to craft legislation for an improved Order of Protection Law that will strengthen the safety and preserve the rights of Tennesseans,” Lee said last week. “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.”
Since gaining prominence as a possible solution for mass shootings in the wake of the 2018 Parkland shooting, “red flag” laws have been dogged by complaints that they don’t offer sufficient protections for the rights of those accused of being a threat to themselves or others.
In most states that have adopted them, the civil orders can be filed by a wide array of groups, including some where nearly anyone can file for one. They don’t provide a public defender for those accused. They can be granted in ex parte hearings where the accessed isn’t even notified of the proceedings. And it can take weeks after their guns are seized before subjects of the orders can challenge them.
Lee identified these shortcomings as the main problem with policies in other states that he said “don’t deliver the right results.”
“They don’t actually preserve the constitutional rights of Tennesseans in the best way possible, and they don’t actually get to the heart of the problem of preventing tragedies,” he said. “This is hard. I’ve said that all along.”
He’s announced plans for a special session to pass the expanded protection orders. That was requested by GOP House Caucus Chairman Jeremy Faison, who said it was unlikely a bill could be put together with enough support to pass before the end of the regular session. While Lee hasn’t backed any specific bill yet, he has announced the sort of changes he wants.
