Governor wants guns out of the hands of unstable people

EDITOR’S NOTE: This article has been updated.

Grasping for methods to stop mass shootings, Gov. Bill Lee started pushing the Tennessee Legislature to pass a bill that would keep guns away from unstable people.

Two weeks after the shooting deaths of six people, including three 9-year-olds, at The Covenant School in Green Hills, Lee said Tuesday he wants an extreme order of protection law that would prevent people considered a danger to themselves and others from possessing guns. 

“When there is a clear need for action, we have an obligation, and I certainly do, to remind people that we should set aside politics and pride and accomplish something that the people of Tennessee want us to accomplish,” the governor said at the Metro Nashville Police precinct in the Edgehill neighborhood. 

Orders of protection typically deal with domestic violence cases, but the governor’s proposal would expand that by allowing law enforcement to confiscate people’s weapons if they’re found by a court to be unstable. Such orders are usually initiated by police and require due process to prove a person is a “real threat” to themselves or others, Lee said.

“I believe this will protect victims. It’ll hold dangerous people accountable and away from firearms and will preserve constitutional rights at the same time,” he said.

He provided few details on how such a law would work as he spoke without police or lawmakers present, a major shift from his press conference last week when he was surrounded by about 30 Republican lawmakers and two Democrats.

The governor called the last two weeks “emotionally charged” and while he began the sales job for weapon-related protections orders, he declined to say whether he thought two Black lawmakers should have been expelled from the House for rallying for tighter gun laws.

The House passed Lee’s school safety legislation 95-4 last week, a $205 million plan to put school resource officers in every school, set up homeland security officers in all 95 counties, require strict school security measures and provide mental health liaisons for public and private schools.

He was criticized at the time for failing to take a stronger stand against military-style weapons used by Audrey Hale in the Covenant School shooting and for taking a tepid stance in favor of “red flag” laws that might have kept her from amassing weapons. 

Lee was more pointed Tuesday morning.

The governor said he wants the Legislature to pass “thoughtful, practical measures” to enact such a law to “separate those dangerous people from firearms.”

He wants the legislation to pass this session, a move that could require some House and Senate committees to reopen. For instance, Sen. Todd Gardenhire has said the Senate Judiciary Committee is closed for the year and that it would not consider any gun-related bills in the wake of the school shooting.

If lawmakers reach a consensus, committees likely would reopen to pass any bill, but pushing this measure through the General Assembly is not expected to be easy.

Lt. Gov. Randy McNally reiterated “unequivocal” support Tuesday for the Second Amendment, saying “a law-abiding, armed citizenry is the greatest defense against criminality and tyranny.”

“But I also believe we must take steps to ensure those experiencing mental health crises do not have access to weapons that can be used in mass casualty events,” McNally said.

The Oak Ridge Republican noted he is open to discussing emergency mental health protection orders but pointed out any order would have to be “tightly constructed” with due process to stop false reporting.

“I believe it is possible to protect the constitutional rights of law-abiding gun owners while keeping guns out of the hands of people experiencing severe mental health crises,” he said.

Agreement within Senate Republican leadership will be hard to forge.

Senate Majority Leader Jack Johnson said Tuesday he opposes so-called “red flag laws” because they deprive people of due process, though he acknowledged criminals and people in a severe mental health crisis shouldn’t have access to guns. He pointed out, however, that state law already prohibits people committed involuntarily for psychiatric treatment or adjudicated as mentally defective from having firearms.

“We must ensure these laws are strongly enforced,” said Johnson, a Franklin Republican.

Differing from Johnson, Sen. Ken Yager, chairman of the Senate Republican Caucus, said he believes people who possess guns when suffering a severe mental health crisis “threaten public safety as well as law-abiding citizens’ rights to firearms.” Yager cautioned though, that before a person’s constitutional right to firearms is revoked, they must be given due process in court.

“I think it is possible to find a balance between protecting due process and preventing those in mental health crises from having access to guns,” Yager said. 

In addition to backing a new type of protective order, Lee said the existing background check system for firearms works only when “accurate and timely information is available.”

With that in mind, he plans to sign an executive order designed to improve information sharing among law enforcement for gun purchases. It would set a 72-hour clock for reporting new criminal activity and require the courts to submit timely, accurate information to the Tennessee Bureau of Investigation.

In addition, it would require the TBI to examine the current process for gun purchases to find any barriers to sharing information. A report would be required within 60 days on any changes needed.

House Speaker Cameron Sexton recently showed reticence toward “red flag” laws, saying they typically don’t contain provisions for mental health and have a tendency to turn into “weapon confiscation” laws. Sexton said in a Tuesday statement he appreciates Gov. Lee’s efforts to prevent tragic shooting incidents and laid out the steps required for his support.

“As we look at mental health orders of protection, they must have a level of due process, protections from fraudulent claims, and a quick judicial hearing for individuals who pose imminent threats. The House is willing to work toward bipartisan solutions to protect all children at their schools, in their communities, and inside their homes,” he said in a statement.

While Lee prefers to avoid the term “red flag” laws, his approach is drawing support from Democratic lawmakers who’ve been pushing for gun-law reform the entire session.

Democrats said last week they want five “common-sense” changes to reduce gun violence, including expanded background checks and an extreme risk protection order law. Other steps include a gun security storage law to cut down on thefts from vehicles and a ban on military-style weapons.

“In this moment, our families deserve action to stop future gun violence. The governor is right to make this a priority before session ends,” Senate Minority Leader Raumesh Akbari of Memphis said. “We are ready to work with the governor and the supermajority to get something done.”

During his morning press conference, though, the governor declined to say where he stands on the expulsion of two Black lawmakers who protested on the House floor a week ago for tighter gun laws in the wake of the Covenant School shooting. Lee did say, though, he understands how the shooting deaths could cause people to get fired up.

Thousands of people have been rallying at the Capitol and Cordell Hull Building in the aftermath of the Covenant incident demanding stricter gun laws and more support for mental health.

“My focus is to stay focused on a solution for what happened two weeks ago, and that’s what today is about. There are issues all around us. But now is the time to set those issues to the side so that we can accomplish what Tennesseans want us to accomplish.

Asked whether he should have urged Sexton to avoid having the two lawmakers expelled, Lee said, “What I’m gonna do is urge the General Assembly to work together so we can bring forward something that needs to happen and move forward in a way that’s productive.”

Rep. Justin Jones of Nashville, who was appointed to his former House seat by the Metro Nashville Council and took a new oath of office after being expelled last week, said Monday he plans to use his 15 bills for gun-control measures.