Tennessee House Republicans: Red Flag Laws a ‘Non-Starter’

After Tennessee Gov. Bill Lee (R) called for Reg Flag laws, bending to pressure from far-left activists, in the wake of the shooting at The Covenant School in Nashville, Republican legislators said they will not introduce legislation to that end.

“Any red flag law is a non-starter for House Republicans,” the House majority party said on Twitter. “Our caucus is focused on finding solutions that prevent dangerous individuals from harming the public and preserve the Second Amendment rights of law-abiding citizens. We have always been open to working with Governor Lee on measures that fit within that framework.”

State Senate Majority Leader Jack Johnson (R-Franklin) echoed the sentiment of his House colleagues in a statement to The Tennessee Star.

“I have reviewed the governor’s proposal,” he told The Star. “It’s a red flag law and I have always opposed red flag laws. I do not support it.”

Lee doubled down on his call for Red Flag laws, which he calls “Order of Protection” laws, in a video message Wednesday night.

“I want to share an update with you,” Lee said. “The past few weeks have been some of our most difficult as a state. We’ve been working real hard on solutions, and have reached a pivotal moment, and I want to speak to that today.”

Lee referenced historical leaders, though non-specifically, who “have collectively stepped outside their party lines to do what they thought was the right thing, changing the course of history forever.”

“We all agree that dangerous unstable individuals who intend to harm themselves or others, should not have access to weapons,” he said, “and that should be done in a way that requires due process, a high burden of proof, supports law enforcement, punishes false reporting, enhances mental health support and preserves the Second Amendment for law abiding citizens. Throughout the last couple of weeks, I’ve worked with members of the General Assembly, constitutionally-minded, Second Amendment-protecting members to craft legislation for an improved Order of Protection law that’ll strengthen safety and preserve the rights of Tennesseans.”

Later in the video message, the governor said that “Reg Flag” a “toxic political label meant to draw lines in the sand so nothing gets done.”

John Harris is the executive director of the Tennessee Firearms Association.

He told The Star that Lee’s proposed law – whatever it is called – is likely unconstitutional.

He said:

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 no public effort to do 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 “Gun Store” by ElCapitanBSC CC2.0.

 

 

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8 Thoughts to “Tennessee House Republicans: Red Flag Laws a ‘Non-Starter’”

  1. ArKayne

    AS a republican, Lee has always been wishy-washy. I hope he doesn’t have rdeams of furthering his political career. He’s just a SLIGHTLY more conservative version of ex (Dem) Gov. Phil Bredesen. I’ll never vote for him again for ANY office.

  2. Joe Blow

    Mr. Lee has stepped outside of the GOP party lines with MANY of his appointments and executive orders. But maybe he really has not stepped outside of HIS party’s lines considering that he rules like a Democrat.

  3. Ron W

    Good!

    “Power to the People” as Justin Jones cited from Article I, Section 1 of the Tennessee Declaration of Rights. He should keep reading…down to Article I, Section 7 and then down to Section 26. Those define the power of each PERSON, the smallest minority, the individual which are not subject to the majority of democracy, Legislative or Executive power.

  4. Randy

    Gov Lee, while a decent individual, lacks a basic understanding of just what crazy evil people are capable of. Surrendering our constitutional freedoms for a perceived level of safety will make us all victims of an embolden and unstable criminal element. Self governance assumes those participating are doing so for the right reasons. I have seen little over the past several years that leads me to believe that I am somehow better off when people like him decide to punish the people that elected him to represent their best interest. More laws don’t stop crazy people. Removing them from polite society does. There are already laws in place to address this issue. Lacking the intestinal fortitude to enforce the laws we have make us all less safe.

  5. JIM PARSONS

    Not only, “No,” but, “HELL NO!”

  6. Jack Dobson

    It is interesting that this is being proposed without the shooter’s manifesto being made public. How does any legislator even know whether this proposal, which admittedly I oppose–would address in any meaningful fashion what happened at Covenant School without having that information available?

    The Speaker of the House and the Senate Majority Leader should make any further discussion contingent on a release of the manifesto, and make it clear that without that information it is impossible to make an informed decision.

    It looks like Lee is carrying his own sort of baby coffin. Governor: have you demanded the manifesto be released? If not, why not?

  7. Tom K

    Bill Lee Surrenders, we wont!

    What a tyrant joke Bill Lee is, no different than a lunatic liberal, as he is using the same exact tactics and words. Are we able to recall governors in Tennessee?

  8. Tim Price

    There are ways to protect Tennesseans with loosing the Hounds of Hell on law abiding gun owners.
    Bill Lee needs to realize what it means to be loyal to the people who elected rather than to rabid liberals.

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