NASHVILLE, Tenn. (WSMV) – Tennessee Governor Bill Lee is urging the Tennessee General Assembly to pass legislation to “improve” Tennessee’s existing “protective order” law before the end of the legislative session.
Lee recently released his proposal to change the “protection order” law by adding petitions for temporary mental health protection orders. Lee said he wants this new law to enhance security and, at the same time, preserve the constitutional rights of law-abiding citizens.
An amendment shows how law enforcement officers and agencies can apply for a temporary mental health protection order.
According to the amendment, if a temporary mental health protection order is issued, the respondent will have to relinquish possession of his firearms and ammunition.
“Upon issuance of a temporary mental health protection order, the court orders the defendant to terminate physical possession of all firearms and ammunition by any lawful means, such as transferring possession to a third party who is not prohibited from possessing firearms, within forty-eight (48) hours of the issuance of the order,” the amendment states.
The amendment also states that a person would commit aggravated perjury if a false statement is made or relevant information is omitted when applying for a protective order.
“A person who intentionally makes a false statement or omits relevant information, with intent to deceive, when giving evidence under oath at a hearing on a material matter commits aggravated perjury,” the amendment reads.
Lee addressed Tennesseans in a video message Wednesday as he called on the General Assembly to pass his new “Order of Protection” law.
“To be specific, I’m proposing that we improve our state’s law so that it protects more Tennessees and reaches more people struggling and in need of mental health support,” Lee said. in his message. “We owe the Tennesseans a vote. The Covenant tragedy didn’t create the problem. On the contrary, it showed – more clearly than ever – that we can do more to protect students, teachers, communities and constitutional rights.
Lieutenant Governor Mcnally issued the following statement in response to Lee’s proposal:
“Our Second Amendment rights, given to us by God and guaranteed by our constitution, are paramount to maintaining a free republic. Law-abiding gun owners make our society safer and serve as a check on tyranny. These rights and freedom are put at risk when those who should not have access to guns use them to murder our fellow citizens.
Ensuring that the mentally ill and those in crisis do not have access to guns while protecting the Second Amendment rights of everyone else is no easy task. It’s an extremely delicate balance. I believe a balance has been struck with this proposed temporary mental health protection order. Other states that have attempted to achieve this balance have failed to one degree or another by failing to provide genuine due process and protect against bogus complaints.
There will be no “ex parte” aspect to this order. The subject will be notified and given the opportunity to defend themselves. The subject will have free access to a court-appointed lawyer or may retain the lawyer of his choice. Anyone determined to make a frivolous false report would be guilty of aggravated perjury, a felony. The most important is the temporary nature of the order. These commands will not be indefinite. When they expire, the arms are surrendered and the order cannot be held against the subject in the future.
I have supported this concept in the past and continue to work with Governor Lee and my colleagues in the General Assembly towards this goal.
The following is a statement from House Democratic Caucus Chairman John Ray Clemmons on the Governor Bill Lee-backed amendment creating an Extreme Risk Protection Order:
“I appreciate the governor finally committing to this important issue, but Lee unsurprisingly handed us a watered-down bill. of law than through the effective protection of Tennessee’s children and families from gun violence. Tennesseans deserve leadership and courage on this issue from their elected leaders. Unfortunately, neither comes across the aisle, and they should be held accountable.
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