Governor Lee Signs Bill Preventing Local Government from Enacting Red Flag Laws

Governor Bill Lee Signs Bill Preventing Local Government from Enacting Red Flag Laws

NASHVILLE, Tenn. (WKRN) — Governor Bill Lee has signed legislation preempting local municipalities from enforcing extreme risk protection orders (ERPOs), commonly known as red flag laws. These laws allow judges and police to temporarily take away someone’s guns if they’re at risk of harming themselves or others. This move comes despite Gov. Lee’s previous advocacy for extreme risk protection orders before the Special Session in 2023.

The legislation, which became law with Gov. Lee’s signature on May 28, “preempts the entire field of legislation regarding extreme risk protection orders,” according to its language, “except as otherwise provided by state law.”

However, a year prior, Gov. Lee had advocated for ERPOs ahead of the 2023 Special Session on public safety. “A person that has shown that they are a real threat to themselves or to others, that person, that individual should not have access to firearms,” Gov. Lee said to reporters in April 2023.

After the Republican supermajority publicly stated they would not support legislation allowing ERPOs, Gov. Lee dropped the issue, and it was never presented during the special session.

Gov. Lee recently told reporters he planned to sign the bill preempting local governments from enacting ERPO legislation because it made room for a more unified, statewide solution to the problem. “We need to have solutions that are unified across the state,” Gov. Lee said.

House Democratic Caucus Chair, Rep. John Ray Clemmons, (D-Nashville) expressed his lack of surprise at Gov. Lee signing the bill. “He is all talk when it comes to gun safety legislation,” Rep Clemmons said.

According to a 2023 Vanderbilt poll, 72% of registered voters in Tennessee surveyed support some form of a red flag law to prevent general gun violence. Support increased to 75% when the law was associated with preventing school shootings.

Republicans previously argued they have taken action to protect children, including passing a law arming teachers and approving funding for school resource officers.

Rep. Jody Barrett, (R-Dickson), the House sponsor of the bill to preempt local governments from passing ERPOs, emphasized the importance of upholding the Second Amendment and ensuring consistent laws across the state.

The law went into effect immediately with Gov. Lee’s signature on May 28.