Lee’s Red Flag Proposal Too Intrusive For 2A Advocates, Too Soft For Progressive Critics

Image Credit: Gov. Bill Lee / Facebook

The Tennessee Conservative [By Kelly M. Jackson] –

This August, Governor Lee is slated to gather the Tennessee General Assembly and plead his case to justify inclusion of his version of an Extreme Risk Protection Order, or more widely known as a Red Flag Law. 

Governor Lee raised the proposal just as the 2023 General Session was coming to a close, and the response from the Republican super-majority was that the issue would be a “non-starter”.  2A Advocates make up a large and vocal portion of the republican base in Tennessee, and their reluctance to embrace any kind of Red Flag laws was heard loud and clear through grassroots public commentary, emails and calls to their state representatives.

Lee’s proposal, as he calls it (Lee has been vocal about his reluctance to ascribe the terms Red Flag, he describes his “proposal” as common sense public safety measures), would require that a police officer would submit a petition based on a report, that petition would be reviewed by a judge who could issue a removal of a person’s weapons for up to 180 days. The person would also have access to a hearing with that judge to present their case to try and win back their now already seized weapons. The scope would also be narrowly focused on those with a history of mental illness. 

Gun control advocates will always have circumstances that can be used as an exemplar for reasons to overlook the Constitution, however, 2A advocates assert that those reasons do not override the clear and explicit rulings from the Supreme Court, that any test imposed to gain access to any citizen’s inalienable rights, including the 2^nd Amendment, is legally untenable. 

Here in Tennessee, those same gun control advocates, who seemingly criticize Governor Lee’s proposal for not going far enough.

Specifically, they point out that Lee’s proposal has no option for a temporary order that would allow for a judge to immediately remove a person’s access to their lawfully owned weapons, and that the petition to remove those weapons can only be given by a law enforcement officer.

In all the other states that have ERPO laws on the books, there is an opportunity for emergency orders to be issued for anywhere from 7 to 21 days, which would be before any hearing is provided for the respondent to argue against the removal of their weapons.

The bottom-line with all the ERPO laws every state has in place, is the removal is not predicated on any kind of criminal violation, where due process would have been utilized to determine if the person is guilty of a crime that would entitle the government to deprive them of their access to their guns and by extension their 2^nd Amendment rights.      

In addition to the violations of Bruen, as well as a lack of any substantive due process, there is the stigmatization Lee’s proposal puts on those who have struggled with mental illness, rather than putting a focus on behaviors that are indicative of impending violent behavior.  

Advocates of those who treat people with mental and emotional issues argue that a focus on those predictors of violent behavior would be a more effective strategy, while simultaneously help to maintain the rights and dignity of people who aren’t violent but have had a need to seek treatment for what might have been a temporary emotional or mental issue. 

Governor Lee’s special session is still scheduled to proceed in late August, barring any major changes due to growing opposition from those in the General Assembly and the public at large. 

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.