With a more concrete idea than last week, Gov. Bill Lee announced he would like the legislature to pass a bill that would create red flag protections based on mental health.
This would expand an existing order of protection law that encompasses domestic violence cases. As written in the bill, this would be dubbed as a temporary mental health order of protection. There will be no ex parte, meaning those in question will have to be notified and given the opportunity to stand before a judge.
Though not outright calling it a red flag law, other states define it as the temporary removal of firearms that could be a danger to others or themselves. Lee's efforts for this come after The Covenant School shooting, which resulted in the deaths of six victims, plus the gunman. Of those six victims, three were 9-year-olds. Unlike spearheading the idea in public last week, Lee decided to renew his push for the effort through a YouTube video.
"We all agree that dangerous, unstable individuals who intend to harm themselves or others should not have access to weapons," Lee said. "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."
Currently, Tennessee doesn't have red flag laws, but 19 states plus Washington, D.C. do. In the case of The Covenant School shooting, the gunman's parents knew of emotional disorder issues, but the assailant was able to buy seven guns legally from five different retailers. The shooter's parents were also under the impression their child had gotten rid of the one firearm they were aware of prior to March 27.
Unlike last week, Lee does have some readied support in the form of Lt. Gov. Randy McNally. He said he was originally supportive of red flag-type measures directly after the mass shooting in Green Hills. House Speaker Cameron Sexton has remained quiet.
"Making sure the mentally ill and those in crisis do not have access to firearms while protecting the Second Amendment rights of everyone else is no easy task," McNally said. "It is an extremely delicate balance. I believe that balance has been struck with this proposed Temporary Mental Health Order of Protection. Other states that have attempted this balance have fallen short to one extent or another by failing to provide real due process and protect against false complaints."
Though quiet, Sexton's spokesperson Doug Kufner said he had received the proposed language.
“As we have said from the beginning, we are working with his administration and the Senate to find the best path forward to protect Tennessee children," Kufner said. "These conversations will continue as we await more direction from the administration on which bill is sufficient to accomplish his goal."
Democrats in the House said they wanted to see something stronger from Gov. Lee.
"I appreciate the governor finally engaging on this important issue, but Lee has unsurprisingly handed us a watered-down bill," Democratic Caucus leader Rep. John Ray Clemmons, D-Nashville. "It reads as if he is more concerned about getting all 75 Republicans’ votes on a bill than effectively protecting children and Tennessee families from gun violence. Tennesseans deserve leadership and courage on this issue from their elected leaders. Unfortunately, neither are coming from the other side of the aisle, and they should be held accountable for that."
FULL TRANSCRIPT:
Tennesseans – I want to share an update with you. The past few weeks have been some of our most difficult as a state.
We’ve been working really hard on solutions and have reached a pivotal moment, and I want to speak to that today.
There have been times in American history when great tragedy caused those who are elected to serve to come together and respond with thoughtful action…action to improve laws, preserve rights and protect communities.
We hear stories of pragmatic leaders who collectively stepped outside of their party lines to do what they thought was the right thing, changing the course of history for the better.
But what the history books don’t always capture is the difficulty of those moments when leaders are standing at a crossroads, choosing between the easy path and the right path.
I believe we find ourselves at that moment today. We are standing at a crossroads.
Tennesseans are asking us to set aside politics and personal pride. They are depending on us to do the right thing.
Since the tragedy at Covenant, we’ve worked with the General Assembly to pass our school safety legislation by wide bipartisan margins.
I signed an Executive Order to make sure that law enforcement, the judicial system, and mental health professionals are sharing information effectively, so the background check process works like it should.
I also called on legislators to come together and find a solution for the most difficult challenge of all.
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.
Tennesseans agree with this. Legislators agree with this. Second Amendment advocates agree with this.
And so, 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.
To be specific, I’m proposing that we improve our state’s law so that it protects more Tennesseans and reaches more individuals who are struggling and in need of mental health support.
There is broad agreement that this is the right approach. It should be that simple…but sadly, it’s not.
Political groups began drawing their battle lines before the bill was even completed.
These are the moments for which the people of Tennessee elected us to listen and to act. I’m not saying it’s easy, but it is possible when we’re talking about the safety of our children, our teachers and innocent lives.
The only thing standing in our way is politics – on both sides of the aisle.
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. 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.
And some advocates of the Second Amendment say something called “involuntary commitment” is the answer, but that would restrict all kinds of constitutional rights, including the Second Amendment. It’s not the best way.
Efforts like the ones I just mentioned 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.
This is hard. I’ve said that all along.
But 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.
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.
We have a proven solution that gets to the heart of the problem – an improved Order of Protection law to save lives and preserve the Second Amendment.
This is a pivotal moment. But both sides are at risk of standing in the way of a thoughtful, practical solution.
Why?
Politics. Division.
But we cannot give up. We cannot shy away from the hard decisions.
And so, once again, I’m asking the General Assembly to take a vote on this improved Order of Protection proposal before they end the legislative session.
We owe Tennesseans a vote.
The tragedy at Covenant didn’t create the problem. Rather, it has shown – more clearly than ever before – that we can do more to protect students, teachers, communities and Constitutional rights.
This moment doesn’t have to be defined by tragedy alone. It can also be defined by hope – and results.
We’ve done this before – the Governor’s office working together with the legislature to rise above politics and lead through division, to search our hearts and do that which I believe Tennesseans have elected us to do.
Tennesseans are depending on us.
I believe we live in the greatest state in the country, and this is our chance to show it once again.
