NASHVILLE, Tenn. — Governor Bill Lee is asking the General Assembly to pass legislation to create a new "temporary mental health order of protection," which law enforcement agencies can request for people.
He urged lawmakers to pass the proposal as a way to prevent "individuals who are a threat to themselves or others" from having access to weapons. He said that the bill requires "due process and a high burden of proof to preserve the Second Amendment."
According to a draft from the House Democratic Caucus, the proposal gives law enforcement officers the option to petition courts for a "temporary mental health order of protection" if they believe a person poses a danger to themselves or others due to a mental illness.
It requires people to surrender any license to carry a handgun to a law enforcement agency and dispossess any guns or ammunition they have. It also bars them from having, buying receiving, or trying to buy guns or ammunition. It can last up to 180 days, according to the draft language.
People given a temporary mental health order of protection can ask a court for it to be vacated should the order be extended. The order must include the date it is issued, when it expires, a statement of why it was ordered, a requirement that the person attends a mental health treatment program and the specific requirements they need to follow to dispossess all guns and ammunition.
When law enforcement officers ask a court for a temporary mental health order of protection, courts must also schedule a hearing between three and five days later and must notify the person it was filed against. If the person asks, the hearing can be held up to ten days later.
They can choose an attorney to represent them, according to the draft language. If a court determines they cannot understand the nature of the hearing, then an appointed guardian can represent them instead. The person would need to go through an assessment for suicidal or homicidal ideation by a certified evaluator.
The court would only be able to issue an order if they determine that the person poses a "current and ongoing substantial likelihood of serious harm" by having guns, that the person has a mental illness, and no reasonable alternative is available.
If a court denies a request from law enforcement, they must issue a written order stating their reasons. The county sheriff's office would be responsible for serving the order to a person. If the person is a minor, it must be given to their guardian.
People ordered to dispossess their guns would be able to give them to a third party who is not prohibited from having guns within 48 hours, and would need to complete an affidavit that they were dispossessed within three days of getting the order.
If passed, the bill would fully go into effect on Oct. 1.
The House Democratic Caucus released a statement about the proposal. It is available below.
“I appreciate the Governor finally engaging on this important issue, but Lee has unsurprisingly handed us a watered down bill. It reads as if he is more concerned about getting all 75 Republicans’ votes on a bill than effectively protecting children and Tennessee families from gun violence. Tennesseans deserve leadership and courage on this issue from their elected leaders. Unfortunately, neither are coming from the other side of the aisle, and they should be held accountable for that.”
Representative Jeremy Faison (R - Cosby), the Tennessee Republican Caucus chair also released a statement about the proposal. It is below.
We are always grateful for legislation the Governor brings us to consider. However, this late in the game, it is simply not possible for us to properly consider and debate legislation of this magnitude in the few days remaining of this session.
I have encouraged Gov. Lee to create a task force with parents, teachers, law enforcement, mental health, local officials, state officials, and other qualified stakeholders to work over the next several weeks and produce legislation for Tennessee that we can be proud of. Then, we should come back to properly debate and consider the legislation produced in the People’s House.