Gov. Bill Lee has unveiled proposed language for an extreme risk protection plan, which would temporarily remove guns from the possession of people who have been deemed a threat to themselves or others.
“We all agree that dangerous, unstable individuals who intend to harm themselves or others should not have access to weapons,” says Lee in a video statement. “And that should be done in a way that requires due process and high burden of proof, supports law enforcement, punishes false reporting, enhances mental health support and preserves the Second Amendment for law-abiding citizens.”
The legislation has not yet been filed as a late bill or attached to any existing bills as an amendment. But the proposed language has been released, and Lee says it follows a similar structure to Tennessee law requiring that anyone who has been convicted of domestic violence have their guns temporarily confiscated.
Following court proceedings, the legislation would allow for a person's guns to be confiscated for up to 180 days if they are considered a mental health risk. The bill also outlines scenarios that could warrant someone's guns being removed.
Shortly after the release of Lee’s statement, Lt. Gov. Randy McNally released a statement in support of the legislation.
“Making sure the mentally ill and those in crisis do not have access to firearms while protecting the Second Amendment rights of everyone else is no easy task,” McNally says in his statement. “It is an extremely delicate balance. I believe that balance has been struck with this proposed temporary mental health order of protection.”
While McNally previously voiced support for some form of legislation removing guns from the possession of people who may be a risk, other Republican legislators have been more hesitant. On Tuesday, a bill from Sen. Joey Hensley (R-Hohenwald) passed that rather than protect people from guns, protects gun manufacturers and sellers from lawsuits over illegal acts carried out using their products. It is not yet clear when the legislation could hit the floor, what this means for the budget (which is supposed to hit both the House and Senate floors Wednesday), or if it has the support it needs to make it to Lee's desk.
“There’s broad agreement that this is the right approach,” says Lee. “It should be that simple. But sadly it’s not. Political groups began drawing their battle lines before the bill was even completed.” Lee is calling on lawmakers to set aside politics and get this legislation through before the session comes to an end, which could happen as soon as this week.
