Shock Move by GOP Governor Threatens Second Amendment Rights: Red Flag Law

Governments at all levels never waste a crisis to infringe on our basic rights.

Another instance of this is taking place in Tennessee.

In the aftermath of the Nashville Christian school shooting, Gov. Bill Lee (R) has succumbed to gun control supporters, trampling on his citizens’ rights.

Lee issued an executive order on Tuesday to improve background checks for gun purchases and has called on the state legislature to establish a red flag bill.

The inalienable right violation would try to ‘prevent guns from falling into the hands of those who are considered a danger to themselves or others.’

Allowing the government to judge who is a danger to oneself or others sets a precedent that the government will undoubtedly exploit.

Here’s the most recent news from Tennessee:

Senator Chris Murphy, a Democrat, said it was “good for Gov. Lee” to push the state legislature to establish a red flag law.

“Every state should have a red flag law. They enjoy broad apolitical support from the public. They work. They don’t infringe on anyone’s rights,” Murphy added.

Murphy is completely incorrect!

Red flag laws do indeed violate our inalienable rights.

Gov. Lee is blatantly violating his constituents’ rights.

Breitbart reported:

Connecticut was the first state in the Union to adopt a red flag law, doing so in 1999. The law did not prevent the December 14, 2012, attack on Sandy Hook Elementary School from occurring.

In October 2014 Gov. Jerry Brown (D) signed California’s gun violence restraining order legislation into law. On June 5, 2022, Breitbart News pointed out California was the number one state in the Union for gun control and also the number one state for “active shooter incidents.”

Nevertheless Gov. Lee is now pushing a red flag law for Tennessee.

The Tennessean quoted Lee saying, “I’m asking the General Assembly to bring forward an order of protection law. A new, strong order of protection law will provide the broader population cover, safety, from those who are a danger to themselves or the population.”

Politico observed Lee plans to meet with leaders of the state legislature in hopes of persuading them to support the gun control measure.

The Tennessee Firearms Association said in a statement:

On April 11, 2023, Governor Bill Lee called for the Tennessee Legislature to respond to the public’s emotional response to the Covenant School murders by enacting a law to make sure mentally ill people do not have access to firearms. He did not use the term “Red Flag” but that is the correct label for the kind of law that Governor Lee described as a “new protective order”.

Tennessee’s Legislature has a super majority of Republicans. Many of those Republicans have campaigned as strong Second Amendment supporters and continue to claim that they are. Many of them have told their constituents that they would never support a “Red Flag” law. Some may have answered candidate surveys or signed pledges assuring the voters that they would never support a “Red Flag” law in Tennessee. Now Republican Governor Lee calls on them to violate those promises and assurances and to pass a “Red Flag” law.

A “Red Flag” law is sometimes referred to as an “extreme risk protection order”. Independent of the label that someone places on it to conceal its purpose, a Red Flag law is a type of gun control law and is normally a type of law that the progressive left seeks to enact.

A “Red Flag” law is a scheme that allows almost anyone to claim that a specific individual posses a firearm and that they person is also some degree of risk of harm to themself or others. In some “Red Flag” systems a court has the authority to issue an order to direct law enforcement to seize the individual’s firearms and to notify the relevant government authorities that the individual is banned from purchasing firearms. Generally, the initial seizure order is issued “ex parte” which means that the individual is not notified that the “Red Flag” seizure order is being requested, that a court is considering whether to issue it, or even that it has been issued until law enforcement comes to execute the order and seize the individual’s firearms.

The individual has no “due process” options to oppose the initial ex parte hearing or order. The individual has no opportunity to be represented by an attorney at the initial ex parte hearing. The individual has no right to have an attorney appointed for them before their constitutionally protected rights are trampled. Depending on the order, it can be in effect for weeks, months or even years.

 

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