His Friday declaration brought the state one step closer to joining 19 others in placing the measure on the books. On Wednesday, Lee urged the Tennessee General Assembly to approve his “Order of Protection” law.
This would allow a court to temporarily take firearms away from a person deemed to be a risk to themselves or others. Lee observed that other states’ red flag laws are broad and do not protect the due process rights of the gun owner.
It is telling that he avoided calling his proposal a red flag law.
The Wall Street Journal reported that Lee’s party colleagues are lined up against his plan. Legislative opponents tweeted that “any red flag law is a nonstarter for House Republicans.”
Lee released a video message calling on state lawmakers to set aside “politics” and “division” and work towards what he believes is progress in public safety.
“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.”
The governor continued, stating that “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.”
The measure would permit a court to react to “clear and convincing evidence” that a person is a significant danger to themselves or others. The court could issue a risk protection order after a relative or law enforcement officer filed a petition.
If the order is granted, it would last for one year or until the petitioner files another request to extend the order through a separate proceeding. That additional time could reach a year. Anyone filing a false petition faces possible perjury charges.
There is deep suspicion on both sides of the gun control issue.
Bobbi Sloan of Tennessee Students Demand Action praised the announcement but said it does not go nearly far enough. “It’s long past time Tennessee lawmakers took action to keep us safe, and we’re hopeful that today’s call to action will give legislators the push they need to take life-saving action.”
Meanwhile, the Firearms Policy Coalition quoted one of their policy briefs in a tweet denouncing red flag laws in general.
“Red Flag Laws threaten ordinary Americans with potentially deadly encounters with police. The laws, as presently written, invite domestic terrorists to weaponize the court system to strip the rights of their enemies or political opponents.”
The Second Amendment advocacy group blasted existing red flag laws that “deprive individuals of their right to due process of law before their rights are eliminated and property seized.”
To put it mildly, Gov. Lee’s proposal faces an uncertain future. Gun rights advocates are quite understandably concerned that laws of this sort tend to put confiscation ahead of due process rights, placing the burden of proof on the accused rather than the accuser.
Second Amendment defenders also note that the anti-gun lobby sees this proposal as merely a foot in the doorway. These groups flooded Nashville after the tragic school shooting and continue to loudly demand draconian measures that would strip liberties away from law-abiding citizens.
