Gov. Lee Insists His New Gun Control “Framework” Is Better For Tennessee Than Expansion Of Laws Already On The Books
Image Credit: Gov. Bill Lee / Facebook
The Tennessee Conservative [By Kelly M. Jackson] –
This past April, Governor Lee proposed new legislation that would allow for a judge to issue an order of protection against those who are determined to be a harm to themselves and society, and based on the order, have their firearms removed from their possession until the person in question can prove otherwise before the issuing judge.
In a recent report, Governor Lee insisted that his proposal to establish an extreme order protection law is not at all “red flagesque” but rather a framework to be considered by the General Assembly when they convene at his insistence this coming August.
Incidentally, Google defines Red Flag laws as “a gun violence prevention law that permits a state court to order the temporary removal of firearms from a person who they believe may present a danger to others or themselves.”
Considering that the Governor’s proposal is essentially identical to the definition above by which most generally characterize a “red flag law” as being such, Governor Lee’s insistence that his proposal is distinct in nature is reflective of what many consider to be a tone-deaf attitude coming from Lee’s office on the subject.
Opposition to the new legislation include the NRA, as well as most of the Tennessee State General Assembly, who have pointed out that Tennessee currently has on its books, laws that allow for involuntary commitment of those individuals who have been determined to be a danger to themselves or others.
Governor Lee argues that laws such as those, tread on civil liberties in a more egregious manner than what he proposes because his proposals include what he has characterized as “due process”. However, based on the legal definition of due process, which typically requires a crime to have been committed, which compels a trial before a jury of one’s peers to determine guilt, the process proposed by Lee seems to fall short.
Lee’s proposal does not require a violation of actual law to have transpired nor does the person at the center of the inquiry have the advantage of a jury of their peers. The only requirement based on the language in the proposal is that a person be diagnosed with a “serious behavioral condition”, and act in a manner that could be characterized as a “serious emotional disturbance” that could result in a “substantial likelihood of serious harm”.
There is nothing in the language that requires what Tennessee Criminal code currently considers as criminal acts to have been committed, or rather, the code does not go far enough to encapsulate those types of behaviors as “criminal”.
Organizations like the NRA and even members of The General Assembly have suggested that code be expanded to include behaviors that are dangerous enough to charge a person so they would have access to what our Constitution considers to be true due process.
It has been suggested by opponents of Governor Lee’s proposals, to do anything less creates an arbitrary test for any person who is accused of being a danger to themselves or society, which squarely violates the most recent ruling from the Supreme Court on the issue.
We will continue to follow this story as it develops and keep readers informed of any updates.
About the Author: Kelly Jackson is a recent escapee from corporate America, and a California refugee to Tennessee. Christ follower, Wife and Mom of three amazing teenagers. She has a BA in Comm from Point Loma Nazarene University, and has a background in law enforcement and human resources. Since the summer of 2020, she has spent any and all free time in the trenches with local grassroots orgs, including Mom’s for Liberty Williamson County and Tennessee Stands as a core member. Outspoken advocate for parents rights, medical freedom, and individual liberty. Kelly can be reached at kelly@tennesseeconservativenews.com.
Governor Lee,
I voted for you two times. I believed that you were a true conservative. I was wrong. I will never vote for you or anyone else who supports your proposed red flag law.
Enforce the laws that are already on the books and leave our freedoms alone.
Bueford Fletcher
AMEN I SO AGREE I WILL NOT VOTE FOR THIS RINO EVER AGAIN
In Lee’s proposal the person must prove s/he is not a danger to self or others — that’s pretty much the opposite of the American judicial process in which the subject is presumed innocent until proven guilty by the state.
The crooked Left loves these kinds of perversions of justice, as do RINOs.
I hope the TN legislature kills this evil mess.
Yup, RINO!!
Thankfully, this is the Lee’s last term, however, with that in mind, they usually try pushing through crap knowing they aren’t facing re-election. TN needs a serious RINO flushing, I urge everyone to do thorough research on every “R” before voting.
Bill Lee spends too much money on stadiums BUT If someone is crazy and their family or the police says they are crazy, they should NOT have a gun – that’s common sense. Ignoring Common Sense is a bad idea because most people agree with Common Sense. The way I read it, the bill would only take guns from someone whose family or the police say is crazy. If you aren’t crazy, don’t worry about it. Repubs who think crazy people should have guns will lose votes. If the Leftists get control of Congress, President and Supreme Court, they will ban guns or pass laws that make it hard to buy a gun and we will be screwed. This is one of the big issues the Leftists use against Repubs. We’re hanging on by a thread – don’t make it worse. Be smart and use Common Sense.
David, you sound like the deranged one. Common sense, you don’t possess. Family and police don’t have the knowledge to find an individual crazy.
Lee should be impeached immediately.
His gun grab will only serve for terrorist leftist perverts and Karen’s to harass lawful gun owners, and he knows it. If he wanted to prevent another school shooting, he’d be proposing a law to prevent anyone undergoing “gender affirming care” from getting a gun, as that group commits a hugely disproportionate amount of mass shootings.
Is he doing that? NO! In fact, under his gun grab, terrorist perverts like the last school shooter would NOT BE PREVENTED from keeping a gun, but Christians who want to protect themselves and their families from leftist terrorist perverts would have their guns removed by any anonymous leftist terrorist karen making a phone call.
Bill Lee is a leftist who hates Christians and wants to take their ability to defend themselves, but he loves terrorist perverts who murder Christians and enable his unconstitutional gun grab.
Remember when you see a “Lee Company” truck, that’s a symbol of violent anti Christian hate.
Time would be better spent making sure laws are enforced and teachers/staff were trained and armed. There is not one thing the Govenor is proposing that would have stopped the Nashville shooting. This is just political fanfare that benefits the politicians only. No matter what name you stick on these laws they will be abused that is a historical fact. I am not willing to give up my rights so a politician can feel good about himself.
IF GOVEERNMENT WOULD CARE ABOUT EVERYONE’S LIFE THERE WOULD BE NO ABORTIONS, NO PEOPLE THAT DIE FROM DISEASE BECAUSE THEY WOULD BE ON LIFE SUPPORT, AND NO ARMY BECAUSE OF THE RISK OF DEATH. Also, no police. Is a dangerous job too… Since when are we government’s lifestock to have someone else decide if we die or not? Governments should stop worrying for adults “safety”. Even seatbelts and house codes are overreachings.
Lee is just another GOOD OLE BOY, doing what he’s being told. Follow the script. We truly have never had a verified conservative as Governor here in Tennessee.
Tell Lee to take his Red Flag and go home for good Throw him out.
Lee is pushing a red flag law. It doesn’t matter the what he is trying to say. He has and always be for big companies and never for his constituents. He has never been for his constituents. He is a Rino and needs to go. It is unconstitutional to infringe on our rights to bear arms. No family member or police officer has the right to suggest that someone is mental. I agree he needs to be impeached.