New bill would prohibit those deemed mentally incompetent from buying guns

NASHVILLE, Tenn. (WTVF) — A new bill filed before the legislative session begins would make it so that a person deemed mentally incompetent to stand trial could no longer buy a gun in Tennessee.

This comes from House Majority Leader William Lamberth, R-Portland.

As written, HB 1640 would mean a person facing criminal charges who was deemed not competent to stand trial by a judge, would be sent to a mental health facility and the individual would not be able to possess or purchase firearms.

"They’re not even competent to be able to talk to their lawyer about their offenses, that’s not someone that should be able to have a firearm — period," said Lamberth in an interview with NewsChannel 5.

How long someone stays in a facility or is restricted from owning weapons, would be up to the judge.

"The court is monitoring that person almost for life," he said.

You may remember, Lamberth drew a hard line against passing anything close to a Red Flag bill in 2023. He said this proposal is way different.

"This is totally different from any of the red flag bills or anything we’ve seen in the past because this has lawyers involved for the defendant, this has doctors involved that have evaluated the defendant and given evidence in front of a judge in open court. This has all the due process associated with it," said Lamberth.

Both Lt. Gov. Randy McNally and Speaker of the House Cameron Sexton expressed support for the idea.

"There’s a window there that we need to close," said McNally.

"If you work those two together, if they’re involuntarily committed then their gun rights are taken away until a certain period of time until the judge can give them back. I think we’re all okay with the involuntary commitment process," said Sexton.

Nashville DA Glenn Funk said he worked with Lamberth on the bill and its language.

"I have worked with Rep. Lamberth on this current legislation and fully support this bill," Funk said.  "I look forward to continued collaboration with Rep. Lamberth, Speaker Sexton, and all members of the legislature on mental health and public safety issues.” 

In Nashville this year, two men were found not competent to stand trial and were alleged to have used a gun to shoot and kill two people.

This issue most notably arose after the death of a Belmont University student, who was walking in a park and struck by a stray bullet.

Shaquille Taylor case: Who is Shaquille Taylor, the man charged with shooting a Belmont University student?

Police arrested Shaquille Taylor for the shooting. Taylor, 29, has an intellectual disability and language impairment, according to court records obtained by NewsChannel 5. That determination meant he wasn't able to participate in a trial where he was accused of shooting into a car in 2021 off of Dickerson Pike where a 3-year-old and 1-year-old were in the back seat. He admitted to detectives in 2021 that he did it.

His case has currently been bound over from the general sessions court and is pending.

Another shooting mirrored this same circumstance nearly two weeks later.

Kenneth Beach case: He was charged with killing his 'brother' 19 years after being found mentally unstable

The day before Kenneth Beach allegedly shot and killed the man he grew up alongside, he sought help from two different psychiatric facilities in Nashville. Beach is accused of killing Josue Riscar Chirino after shooting him multiple times, police said.

In January 2004, the court found Beach not guilty by reason of insanity after he was initially charged with attempted second-degree murder after trying to kill his girlfriend.

Court documents obtained first by NewsChannel 5 showed that Beach had been diagnosed with bipolar disorder and cannabis dependence before he was charged with criminal homicide in 2023.

He is scheduled to appear back in court Jan. 9.