On May 8, 2023, Governor Bill Lee’s office issued a statement that “he will call for the Tennessee General Assembly to convene a special legislative session on August 21, 2023, to strengthen public safety and preserve constitutional rights.” He has also asked for the public to leave comments about his Red Flag Special Session on the state’s website. 

The Second Amendment threat is continuing!

In the press release, it was also stated that Bill Lee “will meet with legislators, stakeholders and Tennesseans throughout the summer to discuss practical solutions ahead of the special session.” At this point, Tennessee Firearms Association has not had any contact from Bill Lee’s office seeking input on this matter or seeking to arrange dates for TFA, which some might consider to be a stakeholder, to discuss the Governor’s proposals for Red Flag laws in Tennessee.

Some might find it concerning that Bill Lee is expressing a desire to “preserve constitutional rights” in light of the fact that Bill Lee was the primary proponent of his 2021 permitless carry law which he continues to mischaracterize as “constitutional carry”.  Indeed, the state of Tennessee has recently entered into a settlement agreement in a federal court in which the state conceded that a substantive portion of the 2021 permitless carry law by Bill Lee (which was carried in the Legislature by Rep. William Lamberth and Sen. Jack Johnson) violated the Second Amendment, violated the Fourteenth Amendment and constituted a federal civil rights violation. Further, Bill Lee has made many promises on 2nd Amendment issues in the last five years that he has never fulfilled.

If there was any reason to believe that Governor Lee would be a unyielding defender of constitutionally protected rights, then his statement on May 8, 2023, might be assurance enough. However, based on what he has actually done or failed to do in the last five years, some might find it unacceptable that trust should be blindly placed on Bill Lee’s shoulders to enforce the protections mandated by the Second Amendment when there is no clear and convincing evidence that he can do so.

Further, there is some information coming from Legislative sources that several in Republican leadership are working to pressure or otherwise “persuade” the Republican members to “do something” when they are called into session by Bill Lee. Take for example, the two Republican leaders that helped Bill Lee to pass the unconstitutional 2021 permitless carry law. One news source recently released a constituent recording of Sen. Jack Johnson stating that any legislation that would be called a “Red Flag” law cannot pass unless it is “rebranded” presumably to trick or mislead the public until its too late. Other sources within the Legislature are reporting that Rep. William Lamberth is insisting that the House Republicans ‘do something’ apparently a reference to helping Gov. Lee and his proposed Red Flag legislation – although its not entirely clear if Rep. Lamberth would actually support a Red Flag law or if he, like Sen. Johnson, wants to make sure whatever is run is “rebranded” so that it accomplishes the same objective but under a different descriptive term.

The evidence is clear that Bill Lee is pushing an unconstitutional proposal. Gov. Lee claims that the state already has domestic orders of protection and that his proposal would merely expand those to other situations so that police can seize firearms from individuals who might have drug problems, alcohol addictions, or who might have emotional, mental or behavioral events (as much as a year old). Apparently, Gov. Lee is not aware or chooses not to acknowledge that a federal court in the 5th Circuit ruled in December 2022 in a case applying the United States Supreme Court’s opinion in New York State Rifle and Pistol Association v. Bruen (June 2022) that the domestic orders of protection are unconstitutional to the extent that they are the basis on which government is seizing personal firearms and prohibiting individuals from purchasing new ones. Gov. Lee apparently has not considered the United States Supreme Court’s Bruen holding as relevant.

The evidence is also clear, from some sources in the Legislature, that at least one member of House Republican leadership has stated to Legislative members that Bruen is not relevant in Tennessee. In addition, Lt. Gov. Randy McNally has openly shown support for Gov. Lee’s Red Flag proposal. House Speaker Cameron Sexton was given the opportunity to publicly reject Gov. Lee’s Red Flag proposal but he is quoted as saying “We’ll be happy to have everything on the table and have a conversation”. House Republican Caucus Chair, Jeremy Faison, has stated he is in favor of a law that sounds suspiciously like a Red Flag law but the news reports are not entirely clear (we would encourage Rep. Faison to clarify where he stands).

All of this indicates that not only is Bill Lee a real and present constitutional threat to the rights of individuals that are protected by the Second Amendment, the Fourteenth Amendment and by multiple United States Supreme Court decisions (Bruen, McDonald, and Heller), but so are some high ranking Republican members of the Legislature. Without question, the Supreme Court held in Bruen that the public debate over what the Second Amendment prohibits ended in 1791. Now the only question is whether a proposed regulation or law at this time is one which existed within the “nation’s historical tradition” as of 1791. Bill Lee has completely ignored that requirement from the Supreme Court.

We now have a timeline to prepare as citizens to defend our constitutional rights. While Lee’s Red Flag Special Session starts on August 21, 2023, the battle is already underway as the Governor and apparently several ranking Republican legislators appear willing to “do something” that continues to have all the characteristics of an unconstitutional Red Flag law.

Certainly, there are some Republican legislators who are already fighting against proposed infringements on your rights, but they need our help. What can you do to defeat any unconstitutional infringements on the rights protected by the Second Amendment by Bill Lee and his willing cadre of Republican cohorts?