NASHVILLE, Tenn. (WKRN) — Gov. Bill Lee has signed a bill that blocks local governments from enforcing Extreme Risk Protection Orders (ERPOs), despite his push for extreme risk protection orders ahead of the special session in 2023. ERPOs, commonly known as red flag laws, allow judges and police to temporarily confiscate guns if someone poses a risk of harm to themselves or others.
The bill, which was signed into law by Governor Lee on May 28, “supervises all areas of legislation regarding extreme risk protection orders, except as otherwise provided by state law,” according to its text.
However, a year earlier, Governor Lee had pushed for the implementation of the ERPO ahead of the 2023 special session on public safety.
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“Anyone who has demonstrated that they are a real threat to themselves or others should not be able to possess a firearm,” Governor Lee told reporters in April 2023.
After the Republican majority publicly stated that they would not support a bill authorizing ERPOs, Governor Lee abandoned the issue, and the issue was not raised during the special session.
Governor Lee recently told reporters that he plans to sign a bill that blocks local governments from enacting ERPO laws in order to make room for a more uniform statewide solution to the issue.
“We need a uniform solution across the state,” Governor Lee said. “When you have a patchwork of these types of bills, whether it's criminal bills or public safety bills, and there's no uniformity there, they're not as effective or as valuable as a uniform bill.”
Rep. John Ray Clemmons (D-Nashville), Chairman of the House Democratic Caucus, told News 2 he wasn't surprised that Governor Lee signed the bill.
“When it comes to gun safety legislation, he's all talk,” Rep. Clemons said. “He doesn't back up his words. His own friend was murdered at Covenant School and he did nothing to better protect her and others like her, and the kids in our schools. He talks big but doesn't take any action to back it up.”
Seventy-two percent of Tennessee registered voters surveyed support some form of red flag law to prevent gun violence in general, according to a 2023 Vanderbilt University poll. When asked to tie it to preventing school shootings, support rose to 75%, according to the Vanderbilt University poll.
“The overwhelming majority of Tennessee families want their children to have better protections in their schools and communities, and it is disappointing to see Governor Bill Lee and the Republican supermajority slaving away from advancing gun control bills,” Rep. Clemons continued.
Republicans have previously said they have taken steps to protect children, such as passing laws allowing teachers to arm themselves and approving $140 million to put school resource officers in every Tennessee school.
Rep. Jody Barrett (R-Dixon), the House sponsor of the bill to block local governments from passing ERPOs, told lawmakers during the 2024 session that the bill aims to uphold the Second Amendment and ensure consistent laws across the state.
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“If we allow every city, every county and every political district in the state to adopt what they believe to be the best ex parte extreme risk protection orders, we're going to have people who don't know what the law is when they cross state lines or city lines,” Barrett said.
The law was signed by Governor Lee on May 28th, taking immediate effect.