IN-DEPTH: Red Flag or ERPO? Some Tennessee Republicans Seek Rebrand, But Face Opposition From Within and Gun Rights Groups

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As Tennessee Governor Bill Lee calls on the state legislature to propose an enhanced “order of protection” law–Democrats, media, and gun rights groups have said the governor’s “order of protection” law essentially amounts to a “red flag” law, something many Republicans have said are a nonstarter in the bright red state.

Lee, a Republican who has opposed gun restrictions as recently as last year, talked about red flag laws in response to a reporter’s question while he was signing school safety legislation last June.

“As you know, there are a lot of conversations that are happening all across the country about laws that affect gun ownership and red flag laws and waiting period laws,” he told the reporter. “And there will be those conversations all across the country, we’re not looking at gun restriction laws in my administration right now. There’s one thing to remember: criminals don’t follow laws, criminals break laws, whether they’re a gun law [or] a drug law, criminals break laws.”

Lee seemingly mentioned a change in position during a press conference earlier this week announcing his calls for extreme risk protection order (ERPO) legislation, saying legislators may have to put aside their “previously held positions” on the issue.

“I’ve certainly been speaking with leadership from both parties,” he said. “If we’re gonna get something accomplished, it’s going to require coming together, [and] laying down our previously held positions, potentially.”

When asked later in the press conference if the legislation he was asking for fell under “red flag laws,” he said “it falls under a law that I think is appropriate for our state given the circumstances we’re in.”

Republicans in Tennessee have said the difference in what Lee is asking for is that he is calling on strengthening current protection laws, which mostly apply to domestic incidents, while still ensuring due process of those who are reported to be a danger to themselves or others.

By Chase Smith

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