The executive director of the Tennessee Firearms Association said Friday that Gov. Bill Lee (R), who has asked the legislature to deliver him a proposed”Red Flag Law,” which he calls an “Order of Protection” law, is treading on dangerous constitutional grounds.
“It is not clear why Governor Bill Lee, who claims to support the Second Amendment, would propose a Red Flag law at this time. The circumstances indicate potentially two reasons,” John Harris told The Tennessee Star. “First, the Covenant School shooting fatalities have generated a public emotional response – something that he referenced in his April 11 statement. Second, activist Democrat state legislators are making a demand that more gun control be enacted now.”
Harris says the “Red Flag Law” would likely be unconstitutional.
It is clear that any of the general proposals that Governor Lee or that some Legislators have “floated” as possible laws to seize firearms from individuals that the government feels are a risk to themselves or others present serious constitutional problems under the Second Amendment and the United States Supreme Court’s decision in New York State Rifle and Pistol Association v. Bruen. In Bruen, the United States Supreme Court made clear that if the activity, such as personal ownership or possession of a firearm, is within the scope of the Second Amendment’s protections, then the burden is on the government to prove that a proposed (or existing) law is consistent with the “nation’s historical tradition” for firearms regulation as of the time that the Second Amendment was adopted, which is 1791. Absent a showing that the proposed law would be consistent with the 1791 national tradition of regulation, the proposed law would be unconstitutional today. Governor Lee has not met that burden and has made not public effort to do so.
Lee announced his push for a “Red Flag Law” earlier this week.
“Today, I visited with [Metro Nashville Police Department] & outlined next steps to secure schools & protect Tennesseans. 1. I’m asking the TN legislature to pursue a new ‘Order of Protection Law’ to separate dangerous individuals from firearms, while preserving constitutional rights,” he said.
2. I also signed an Executive Order to ensure the existing background check process provides TN law enforcement with up-to-date information & more closely guarantees the safe, lawful purchase of firearms. (2/3) pic.twitter.com/EMplLXe2jh
— Gov. Bill Lee (@GovBillLee) April 12, 2023
“I also signed an Executive Order to ensure the existing background check process provides TN law enforcement with up-to-date information & more closely guarantees the safe, lawful purchase of firearms,” he said.
It was an honor to visit with & thank the MNPD officers who protect their community & represent TN so well.
I look forward to working with the General Assembly & TN law enforcement on additional solutions to strengthen public safety across our state. (3/3) pic.twitter.com/yUeI7wKFyw
— Gov. Bill Lee (@GovBillLee) April 12, 2023
“It was an honor to visit with & thank the MNPD officers who protect their community & represent TN so well,” Lee said. “I look forward to working with the General Assembly & TN law enforcement on additional solutions to strengthen public safety across our state.”
The proposal comes on the heels of a mass shooting at The Covenant School in Nashville, wherein 28-year-old Audrey Elizabeth Hale, who identified as transgender, shot and killed six people.
Hale’s rampage led to gun control riots at the Tennessee Capitol.
MNPD and the Federal Bureau of Investigation (FBI) have promised to release a manifesto authored by Hale, but have not yet done so.
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Pete D’Abrosca is a reporter at The Tennessee Star and The Star News Network. Follow Pete on Twitter.
Photo “Bill Lee” by Gov. Bill Lee.
Time for Lee to go back to his overpriced HVAC company and get out of politics. Go spend time with your wife.
No Red Flag Laws would have stopped the crazy
Suicidal Trans woman who decided to go out in a blaze of glory ” for the Cause”.
If she was receiving counseling, maybe her therapist should have reported her as a danger to the public or herself. That is a law already on the books. Someone in her circle probably knew she was a ticking time bomb. Most people are afraid to get involved & a tragedy happens.
I sure don’t want some Left Wing nut like those wild people did in the Well of the House to report me as a Red Flag. If someone has a grudge or doesn’t like your politics or Religion can mess you up if they want to.
THATS WHY ITS IMPORTANT TI RELEASE THRE MANIFESTOS OF THE DERANGED TRANS WOMAN WHO HAD NONPROBLEM KILLING INNOCENT PEOPLE. These Trans folks are on meds like steroids, testosterone & other mood altering drugs.
What did her Autopsy & Toxicology reports say.
Don’t punish Law Abiding Citizens. That’s not the solution.
Harden schools with security & armed staff, the shooter won’t show up.
THOU SHALL NOT INFRINGE
That allows anyone with a grudge against someone to have their firearms seized for reason other than they don’t like guns.
It violates being able to face your accuser face to face on court.
Just Lee showing his true politician’s colors. He has no conservative foundation to control his knee jerk responses. The guy is just another filthy rich Tennessee businessman that wanted to play God. Cannot believe that we have way over 3 more years of him.
Bill Lee Surrendered, I wont.
As I recall, one of the Justin’s quoted this:
Article I, Section 1, Tennessee Constitution Declaration of Rights. I assume they support ALL of the rest.
1. That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; for the advancement of those ends they have at all times, an unalienable and indefea- sible right to alter, reform it.
I haven’t heard them call for the release of the perp killer’s manifesto. If it’s power to the People, that’s ironic to say the least!
In that proposals are being pushed that VIOLATE other DECLARED rights, we the People have the right to see the manifesto! Who is withholding it? And why?
“The very word “‘secrecy'” is repugnant in a free and open society; and we are as a people inherently and historically opposed to secret societies, to secret oaths and to SECRET PROCEEDINGS.”
—-John F Kennedy
DEMAND the killer perp’s manifesto FIRST, Governor!
So it can be read by all of us!It should provide some pertinent insight into any proposals!
Remember you and all the Legislators work for us and under our delegated powers…including the “Tennessee Three”!
Nothing in Lee’s law would have prevented the killer of 6 innocent people. It’s political grandstanding.
Huh. And here I thought that the phrase “shall not be infringed” was pretty clear. If someone is considered in such bad shape that they shouldn’t have access to a gun, how about a knife? a car? a baseball bat? their fists? A supposed desire to change genders? Maybe that person needs the kind of psychiatric care that the people trying to take our guns away pretty much eliminated decades ago?
Headline should read “Weak kneed Gov Lee shows true self by proposing unconstitutional red flag laws”.