Gov. Bill Lee Signs “Red Flag Gun Bill” Into Law Expanding Mandatory Reporting
Image Credit: Gov. Bill Lee / Facebook & capitol.tn.gov
The Tennessee Conservative [By Adelia Kirchner] –
Legislation that critics have deemed to be a “Red Flag Gun Bill” has officially been signed into law by Gov. Bill Lee (R-TN) and will apply to any acts occurring on or after April 23rd of this year.
House Bill 1625 (HB1625), sponsored by Rep. Jason Zachary (R-Knoxville-District 14), passed in the Tennessee House of Representatives by a 79-7 vote on February 22nd, 2024.
The Tennessee Senate amended the corresponding Senate Bill 1673 (SB1673), sponsored by Sen. Becky Massey (R-Knoxville-District 6), and passed the legislation by a 30-0 vote on March 28th, 2024.
House members voted 76-12 to concur with the Senate’s changes to the legislation.
According to Sen. Massey, this bill expands mandatory reporting laws for mental health professionals by requiring them to report a patient to local law enforcement, 988 or a local health facility if the individual makes what that mental health professional deems to be a threat against a group of people related to a school or against a family member of the patient.
The amended bill text states that “the qualified mental health professional or behavior analyst, using the reasonable skill, knowledge, and care ordinarily possessed and exercised by the professional’s or analyst’s specialty under similar circumstances, has determined or reasonably should have determined that the service recipient has the apparent ability to commit such an act and is likely to carry out the threat unless prevented from doing so.”
Adding that “Inpatient hospitalization of the service recipient discharges the duty to warn imposed on a qualified mental health professional or behavior analyst by this section.”
Critics of this legislation have voiced several concerns regarding privacy laws and where reported information about patients will be stored and what it will be used for.
This legislation has also been criticized for providing mental health professionals with civil, criminal and regulatory immunity because of the subjective way in which a mental health professional could perceive something to be a threat.
Despite these concerns, HB1625/SB1673 has passed through both chambers of the legislature and was sent to Gov. Lee who signed the legislation into law on Tuesday, April 23rd.
Another piece of legislation that was recently passed by both chambers of the legislature is HB2035/SB2763, sponsored by Rep. Jody Barrett (R-Dickson-District 69) and Sen. Janice Bowling (R-Tullahoma-District 16).
This legislation is written to prevent local governments from establishing or enforcing “Red Flag” gun laws, also known as Extreme Risk Protection Orders (ERPOs).
HB2035/SB2763 preempts “the entire field of legislation regarding extreme risk protection orders [ERPOs] to the exclusion of all county, city, town, municipality, or metropolitan government law, ordinances, resolutions, enactments, or regulation.”
This legislation passed by a 22-6 vote in the Senate and a 73-24 vote in the House.
So, is the Tennessee General Assembly for or against “Red Flag” gun laws?
A “Red Flag” gun law or ERPO is legislation that prevents individuals from purchasing or possessing a firearm of any kind, if that individual has displayed signs of being a threat, either to themselves or others.
To some, only legislation that does this exact thing is considered an ERPO or “Red Flag” law.
To others, “Red Flag” legislation can be a bill like HB1625/SB1673 which might not flat out say that reported individuals will be prevented from purchasing or possessing firearms but could very well result in that, at the very least taking a major step in the direction of an ERPO.
About the Author: Adelia Kirchner is a Tennessee resident and reporter for the Tennessee Conservative. Currently the host of Subtle Rampage Podcast, she has also worked for the South Dakota State Legislature and interned for Senator Bill Hagerty’s Office in Nashville, Tennessee.
You can reach Adelia at adelia@tennesseeconservativenews.com.
I agree with HB2035/SB2763!! This is Tennessee; Leave Our Guns Alone!!!!!! Short n sweet.
Lee is a democrat in disguise.
Can’t do anything about Lee, Travis, because he is in his final term and he doesn’t care what you or anyone else thinks. Another results of “term limits”. On the other hand, Becky Massey (TLRC 79/D-) is facing a most serious challenge from conservative Monica Irvine (https://monicairvine.com/) in this August”s Republican primary.
Exactly!
No red flag laws! People needing/wanting to seek help from a mental health care provider will think twice before seeking help, now that physicians are empowered to report/tattle on everyone.
Our rights are being removed one piece at a time. Death by a thousand cuts. If someone is a threat then put them in jail or a mental institution under lock and key.
I do not agree to the subjective nature of these type laws.
Crimes are supported by leftist policies. KNOWINGLY! Then want to further endanger innocent lives by openly, and boldly doing all in their power to disarm those same innocent citizens.
I would rather
Vote
*For
Sen. Janice Bowling (R-Tullahoma-District 16).
Than
*Not
For
Shane Reeves RINO Bedford, Lincoln, Marshall, Moore and parts of Rutherford Counties)
If any person is intent on harming someone and cannot legally purchase a firearm, they will find a way to borrow or steal one. Or as is happening now more and more, simply use a knife or whatever is handy. Red flag laws are for no one but legal, law abiding gun owners.
Our Constitution limits the power of:
The Executive Branch to the Executive Branch
The Legislative Branch to the Legislative Branch
The Judicial Branch to the Judicial Branch,
The Federal Government only to the “Enumerated Powers”.
State Government only to State Government affairs.
and without “POWER” to alter/amend the Constitution except by the prescribed “Amendment Process”.
Our “Constitution” is a “BILL OF RIGHTS” given to governments, “ANY VIOLATIONS” is not a violation of individual rights (2A) but a violation of the “CONSTITUTION” and the “RIGHTS” of every person protected by that “CONSTITUTION”.
“UNDER EQUAL RIGHTS”, Citizens have to suffer the same jeopardy of life as Law Enforcement and Military, to keep these “RIGHTS/FREEDOMS”.
And the same goes for Citizens on Citizen crimes, only when both sides are armed will “EQUALITY” be realized.
“It has been said, that in the Federal Government they (Bill of Rights) are unnecessary, because the powers are enumerated and it follows that all that are not granted by the Constitution are retained, that the Constitution is a bill of powers, the great residuum being the rights of the people”.
1789: Madison, Speech Introducing Proposed Amendments to the Constitution.
Federalist Paper 84, Hamilton:
“Here, in strictness, the people surrender nothing, and as they retain every thing, they have no need of particular reservations. “WE THE PEOPLE of the United States, to secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the United States of America”.
“The truth is, after all the declamations we have heard, that the Constitution is itself, in every rational sense, and to every useful purpose, A BILL OF RIGHTS”.
“For why declare that things shall not be done which there is no power to do? Why for instance, should it be said, that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed”?
West Virginia State Board of Education v Barnette, 319 US 624, 638; 63 S Ct 1178;
“The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One’s right to life, liberty and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no election.”
AND AFTER all this being said we sit here day after day, and let our so called government impose GUN LAWS, RED FALG LAWS. AND we still cant carry a gun legally, even though the SURPREM COURT says we have the RIGHT. HOW STUPID ARE WE? we need a 1776 ALL OVER AGAIN
Totalitarian Fascists always want to disarm the population so that they may be more easily controlled or disposed of.
shall not be infringed
This bill sounds reasonable. A crazy person shouldn’t have a gun. If you have any crazy relatives, you know what I’m talking about. There are dozens of laws that could “go overboard”. We just have to not allow that.
What is the difference between a Tennessee Republican and a New York Democrat? Not much these days.
Why is there nothing on the net about Lee signing this bill into law?
The Tennessee General Assembly Legislation web page shows no action on either hb1625 or sb1673 since 3/19/24. Is Lee signing these bills into law being hidden? Why is there no other news on this except for this article?
Term limits is a ticket to do whatever you want without any repercussions.
The legislators approving of this can be contacted and made to answer to We the People for their anti 2nd Amendment and Constitution actions.
So this is how it starts. The Uniparty ultimately extends the law from “in the opinion of a qualified mental health professional” to ex-spouses , ex-employees, pissed off neighbors and coworkers, ex- boyfriends and girlfriends. Authorities arrive and confiscate your weapons and you must spend tens of thousands or more to prove you’re innocent. Read the red flag laws in Blue states. They are opening Pandora’s Box. Further proof that 90% of our politicians are authoritarian imbeciles. I wonder if any of them receive donations from anti-gun groups? Hmmm?
The slippery slope is real. Time to start acting like it.
Jason Zachary and Becky Massey – OUT.
One more thing for readers, the 2nd Amendment will not protect your firearms rights from state law. Only your state constitution can do that. Take a look at the TN Constitution’s Declaration of Rights, Section 26 if I recall correctly, and you will see that your firearms rights, legally, are not protected very well at all. Elect state reps that will fix that shit. Make it a major issue in every election cycle until it’s rewritten.