Tennessee Considering Local Red Flag Ban

Tennessee lawmakers are considering a law that would prohibit local governments from implementing Extreme Risk Protection Orders (ERPOs), also known as Red Flag laws. It’s the first state to consider such a law. But while the bill’s sponsors say the law will create uniform laws across the entire state, opponents say that it robs local authorities of their ability to govern themselves.

Tennessee Considering Local Red Flag Ban

On April 11, 2024, the Tennessee Senate passed SB2763 in a 22-6 vote. If it becomes law, the bill would prohibit local governments from enacting any ERPO legislation, also known as Red Flag laws. The law specifically targets city and county governments. It also prohibits any local governments from accepting federal grant money relating to Red Flag laws.

An ERPO allows someone – usually a healthcare professional or police officer – to temporarily strip someone of their right to bear arms. Supporters of these laws say they help save lives, while their opponents point out that they violate the target’s right to due process under the law.

Significance

Tennessee is the first state to consider this type of law. Two other states – Wyoming and Kansas – have a similar law on the books that prohibits states from implementing federal red flag laws. The Tennessee law originally included this same wording, but it was removed by the state’s Senate Judiciary Committee as they debated the law.

So far, Tennessee is the only state that is banning its local authorities from passing ERPO laws.

Currently, 21 states have implemented some kind of ERPO law on the books. They include:

• Vermont
• Washington
• Minnesota
• Michigan
• New York
• Massachusetts
• Rhode Island
• Illinois
• Indiana
• New Jersey
• Connecticut
• Oregon
• Nevada
• Colorado
• Virginia
• Maryland
• Delaware
• California
• New Mexico
• Hawaii
• Florida

Final Thoughts

There’s one very interesting context to this law that I want to point out.

Recently, I’ve had some of my shooting buddies wonder aloud, “why are so many red flag laws and other gun control measures getting passed right now?”

It’s a good question, and it has an answer you might not expect.

It’s because the Bipartisan Safer Communities Act, passed in 2022, allows the federal government to give financial grants to states that implement legislation like red flag laws. Teams of lawyers started working on writing these laws after the Safer Communities Act passed, and we’re seeing many states starting to pass this kind of legislation now.

This new law, SB2763, would prohibit any local governments from accepting these types of federal grants. It’s essentially a state-level strategy to combat some of the anti-gun effects of the Safer Communities Act.

This bill isn’t a law yet. The House still needs to vote on it, and then the governor will get the chance either to veto it or sign it into law.

We’ll keep an eye on this law to see how it progresses and report back to you.