Tennessee legislature bans local cities and counties from passing their own red flag laws

NASHVILLE, Tenn. (WTVF) — For more than a year, we've heard Democrats, and even the Republican Governor at one point, call on lawmakers to consider red flag laws in Tennessee. It came up Wednesday on the House floor, but not exactly how advocates envisioned.

"Members, this bill seeks to preempt the field of legislation in Tennessee as it relates to extreme risk protection orders or red flag laws," said Rep. Jody Barrett, R-Dickson.

Rep. Barrett's bill would prevent Tennessee cities and counties from coming up with their own emergency order of protection laws, or ERPO.

"This make no sense," declared Rep. Justin Pearson, D-Memphis. "We’re now trying to preempt local governments who might have a modicum of moral courage, and not cowardice, for being able to protect their citizens and their constituents."

"You yourself said, we get to represent our people. If our people want this, I think they should be able to do it," said Rep. Bob Freeman, D-Nashville.

Democrats condemned the bill as governmental overreach, but didn't have enough votes to stop it.

It's important to note, there haven't been any Tennessee cities or counties that have tried to enact their own red flag law. In fact, it's not really clear if they legally can. Rep. Barrett claims this bill will make sure there's no loophole.

"There is no prohibition against it currently," said Barrett.

It turns out, a Biden administration program is a leading reason why Republicans wanted this bill to become law.

"It is a little anticipatory for what’s going on at the federal level. When we see the Biden administration create their Red Flag Resource Center, and that is an attempt to try to get around some of the legislatures they don’t agree with ideologically," explained Barrett.

Last year, Johns Hopkins Unviersity partnered with the U.S. Department of Justice to set up a National ERPO Resource Center. They provide grants and training to communities hoping to implement a red flag law.

"Those funds will allow communities to implement the extreme risk protection order laws and programs that we know save lives," said U.S. Attorney General Merrick Garland, in a 2023 news conference launching the program.

The bill, if Governor Lee signs it, would specifically block Tennessee communities from applying for those grants.

The question becomes, will lawmakers ever have a serious conversation about Red Flag Laws in Tennessee? Barrett, even with his bill passing, thinks they will.

"Look, this is a conversation that does have to be had, and I think this bill will kind of push us into that point where we have to sit down and talk about it," said Rep. Barrett.