In a move that stirs controversy in the realm of gun legislation, the Tennessee legislature has shot down any possibility for local governments to establish their red flag laws by passing a comprehensive statewide bill. The passed bill, coined as House Bill 2035 (HB2035), firmly places the entire jurisdiction over extreme risk protection orders (ERPOs) into state hands. According to Tennessee Conservative News, the legislation also dismisses any federal law, order, or regulation mandating enforcement of an ERPO, raising concerns about potential clashes with federal policy.
While pro-gun lawmakers hail this as a preemptive safeguard, Democrats and some community members who have been advocating for red flag laws view it as a major blow. Representative Jody Barrett, R-Dickson, the bill's sponsor, argued for uniformity in the law, suggesting cities and counties having been given the reins to control school safety previously, opted out of putting SROs in every school; thus, the concern that locals might not act was put forward by Tennessee Conservative News.
The bill does not only preclude local governments from implementing ERPOs but also penalizes enforcement. As reported by Tennessee Conservative News, it introduces a Class A misdemeanor for "attempting to enforce a federally implemented extreme risk protection order" in the state. Critics, however, point to the recent surge in gun violence, stressing the urgency to have tools like red flag laws at the local level to prevent further tragedies.
Deep-seated disagreements marked the House's debate as Democrats voiced strong opposition against the measure. Representative Justin Pearson, D-Memphis, vehemently opposed the legislation, stating, "We have failed, and we continue to fail on the issue of gun violence prevention," as noted by Tennessee Conservative News. Echoing Pearson's alarm, Representative Bob Freeman, D-Nashville, challenged the bill by highlighting the number one killer of children in Tennessee is firearms, according to an article obtained by Commercial Appeal.
The bill's passage in the House came after its companion, Senate Bill 2763 (SB2763), cleared the Tennessee Senate earlier in the month with a similar aim to curb local control on gun laws – a reflection of the current Republican-controlled legislature's stance on the matter.
