May 17, 2023
  
 
 
Bill Lee’s insistence on a Red Flag special session – a potential benefit  
 
 In April 2023, Bill Lee proposed a “Red Flag” law in Tennessee.  He 
tries to, in the concerning words of Senator Jack Johnson, “rebrand” it 
as a “temporary mental health order of protection” but it is simply a 
Red Flag law.  This is not 
at all surprising from a Governor who identifies as a Republican but who
 now has a clearly established five year history of sending his 
administrative department heads, department attorneys, and tax payer 
funded administration lobbyists to the Legislature to lobby against your
 rights that are protected by the Second Amendment.  
  But the 
Tennessee Legislature seemed unwilling at the time to debate his 
anti-Second Amendment proposal.  Maybe the “optics” were not just right 
for some but the fact is that the Legislature adjourned rather than act 
on Lee’s most recent unconstitutional proposal. 
  In response, Lee
 has announced that he is exercising his constitutional power as 
governor to call the entire Legislature back into a special session to 
address Red Flag laws and potentially other options to impair rights 
protected by the Second Amendment or other aspects of the Constitution. 
  
 
 That special session is now set for August 21, 2023.  Gun control 
advocates from across the nation are readying for what some believe will
 be a massive turnout of progressive leftists (accompanied by a number 
of individuals who identify as Republicans) all eager to advance the gun
 control agenda or to just have another opportunity to be led in public 
rallies which are designed to be disruptive rather than productive, such
 as the rally led by the likes of activists Justin Jones, Justin Pearson
 and Gloria Johnson.   Lee has invited this chaos to Tennessee on 
purpose.
  Already a numbered of “rebranded” ideas for Red Flag 
laws, Extreme Risk Protection Orders, etc., are being floated by various
 Republicans in the Legislature, perhaps being encouraged by Lt. Gov. 
Randy McNally’s open support of a Red Flag law.   
  We are hearing
 reports that Lee is “inviting” legislators individually or in small 
groups to come meet with him.  Of course, that is not necessarily a good
 sign because Tennessee governors have in the past (and Lee may have as 
well) used the authority of the governor’s office or the administration 
to threaten legislators into supporting the governor’s plans (whatever 
they are) under admonitions that the governor is “keeping a list” and 
that those on the “naughty list” (not a reference to Instagram 
activities) might see their districts miss out on funding or 
improvements that the governor or the administration has the ability to 
control like grants, road projects, etc.   These meetings are expected 
over the next few weeks or months and your legislators need to hear from
 you that you do not want your rights bargained and sold in a back room 
deal that is made to enact some form of Red Flag law or otherwise impair
 your Second Amendment rights – because, frankly, these elected 
officials have no authority to bargain away your constitutionally 
protected rights.  
  We are also hearing reports that some 
legislators, including some in Republican leadership, like Rep. William 
Lamberth, are telling their peers that the Legislature, to paraphrase, 
‘must do something.’   While its not clear based on the reports that are
 coming out what such a statement might implicate, given the last 13 
years it likely does not mean that the “something” is an expansion of 
Second Amendment rights, that it is the adoption of real constitutional 
carry, that it is the elimination of gun free zones, that it is lowering
 the statutory thresholds for permits or permitless carry to 18, that is
 it changing Tennessee from a “handgun carry” to a “firearms carry” 
state, or even that it is taking seriously and implementing the United 
States Supreme Court’s decision in Bruen to repeal many Tennessee laws and regulations that fail the Supreme Court’s Bruen test for constitutionality.  No, it is more likely that “something” is some form of gun control.
  So where is the possible benefit?
  First, consider that Lee’s special session is to be focused on Red Flag and other gun control “somethings”.  
  Second,
 Lee as governor has no constitutional right to introduce legislation.  
That would be a violation of the separation of powers that is contained 
in the constitution.  While Lee might as governor propose a legislative 
agenda, actual elected legislators have to put their names on any 
proposed legislation as the sponsors and proponents of Lee’s Red Flag 
proposals.  Looking back over the last 5 years, when Lee proposes 
something for the Legislature, those pieces of legislation are often 
introduced and championed by Sen. Jack Johnson and Rep. William 
Lamberth.  That is what happened with Lee’s 2021 “permitless carry” law.
  Of course, a federal court in East Tennessee just entered an order on a
 settlement agreement involving the state which states that portions of 
Lee’s 2021 law that Rep. Lamberth and Sen. Johnson sponsored to passage 
violated the Second and Fourteenth Amendments and constituted federal 
civil rights violations.  Not a good sign of constitutional stewardship.
  Third,
 any gun control and Red Flag proposals from Lee will have to be filed 
and sponsored by some specific legislators.  Further, any other gun 
control ideas that surface in the special session will also have 
specific House and Senate sponsors – many of which are likely to be 
those who identify as Republicans.  
  It will require great effort by
 Second Amendment supporters and those trustworthy legislators who 
comprehend the Constitution to defeat these  gun control 
efforts.  The fact that Lee’s special session will have the agenda of 
gun control yields some unintended (perhaps) insight.
  Next year, 
2024, is an election year.  Those who propose, sponsor, co-sponsor or 
even indicate any support of these gun grabbing gun control measures 
either in the special session or in 2024 are identifiable.  Someone has 
to sponsor the measures.  Someone has to give them “seconds” in 
committees.  Someone has to speak in favor of Lee’s gun control.  Unless
 they conceal their actions or cut back room deals, at least some of 
this should be done so as to be observable. 
  All House members 
will be up for re-election in 2024.  One half of the Senators will be.  
The special session and the expected 2024 legislative session will 
hopefully provide insight on which Legislators truly support the 
Constitution and your rights.  That is important information to have 
particularly when we have “Gun Control” Lee and his administrative 
minions trying to ram through more gun control in Tennessee rather than 
less.  Knowing the co-conspirators in the Legislature just might be 
helpful in the 2024 primaries and elections.  Indeed, even if all of 
Lee’s gun control measures are defeated – simply knowing that Lee and 
certain legislators support gun control is important information. 
 Your involvement is critical to help stop Bill Lee's proposed Red Flag legislation.
  Please take action now and help the TFALAC (a state political action committee) raise funds for radio spots, social media campaigns, and other "get out the word" measures to stop Bill Lee's insistence that the state of Tennessee should be taking guns away from lawful gun owners in violation of the Constitution. 
  
 
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