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Complicated politics at play with proposed order of protection law in Tennessee

Governor Bill Lee
Posted at 4:42 PM, Apr 11, 2023
and last updated 2023-04-12 14:51:41-04

NASHVILLE, Tenn. (WTVF) — Two weeks after The Covenant School shooting in Nashville, Gov. Bill Lee introduced Tuesday the second phase of his plan to keep the state's children safe.

"We should set aside politics and pride and accomplish something that the people of Tennessee want to see us accomplish," Lee said.

Setting politics aside may be a tall order for the governor, who in addition to an executive order expanding background checks, is also asking for new legislation establishing an order of protection to keep dangerous people away from firearms, also known as a red flag law.

"I believe this will protect victims, that it will hold dangerous people accountable and a way from firearms, and that it will preserve constitutional rights at the same time," said Lee.

The bill — if it mirrors states with similar laws — would allow family members, law enforcement and physicians to petition a judge to remove weapons for a period of time if the gun owner posed a threat to themselves or others.

Two weeks ago, Lt. Gov. Randy McNally told NewsChannel 5, it's a proposal he could support.

"There might be some disagreement here, but that’s something I would support," said McNally, a Republican from Oak Ridge.

Tuesday, he sent NewsChannel 5 the following statement:

“I support the second amendment unequivocally and believe that 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. I have been open to discussing emergency mental health protection orders in Tennessee and continue to be. Any such order process must be tightly constructed with sufficient due process and protection against false or fraudulent 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. I am looking forward to continuing to work with Governor Lee and my colleagues in the General Assembly towards this goal.”


Lt. Gov. Randy McNally

McNally's counterpart in the House wasn't as enthusiastic. He said he'd rather see mental health reform along with red flag laws.

"But doing one without the other doesn’t work, but you also have to give people due process, you can’t just simply take away their guns simply because someone says it is or is not," said Speaker of the House Cameron Sexton, a Republican from Crossville, last week to NewsChannel 5 Investigates.

Tuesday, Speaker Sexton told NewsChannel 5 in a statement:

“We all appreciate Gov. Lee’s leadership and his commitment to finding solutions to stop tragedies like the Covenant School shooting from two weeks ago. 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.”
Speaker of the House Cameron Sexton

Democratic House Caucus Chairman John Ray Clemmons is admittedly not a fan of the governor.

"I don’t usually listen much to what he says, it’s usually not worth my time," said Rep. Clemmons, a Democrat from Nashville.

However, in this case, he says he does support getting firearms out of the hands of dangerous people.

"It’s unfortunate Tennessee doesn’t have one and I think we should pass an extreme risk protection order law," said Clemmons.

While Rep. Clemmons wishes the Governor would restrict gun access even further, he realizes that's not in the cards. "Look, I represent the super minority party in the house, so I’ve got to have my Republican colleagues or at least enough of them to pass anything," he said.

Finding enough votes to pass the protection order law could be the toughest political fight of Lee's tenure, placing complicated politics front and center.


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