Tennessee Firearms Association: Gov. Lee’s ‘Red Flag Law’ Proposal Likely Unconstitutional

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.

“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,” 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.

– – –

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.

Sign up here to get your copy of The Star News Network Daily Update

Daily updates, breaking news, special offers, and more

CONFIRM

Thank you for signing up!