Tennessee Gov. Bill Lee is asking lawmakers to support "New legislation that would temporarily block someone who is deemed a threat to themselves or to others from having guns," writes Axios.
Another, more precise, way would be to say Lee supports a law that forces people accused of a precrime to sit down with state-appointed psychiatrists and lawyers and prove their innocence before the government decides if they can keep their guns.
In selling his bill, Lee claims that guns can be taken from those accused of having a "Psychiatric disorder, alcohol dependence, or drug dependence." But federal law already prohibits the sale of a gun to anyone who "Has been adjudicated as a mental defective." And most people who drink or take drugs don't have a propensity towards violence.
More importantly Lee fails to mention in his factsheets that the bill allows the state to take firearms on the basis of a "Serious behavioral condition," which includes "Functional impairment that substantially interferes with or limits the person's role or functioning in family, school, occupational, or community activities." The incredulous italics are mine, because Lee's standard, despite his contention that there is a high burden of proof, could include basically anyone who's met the psychiatric diagnostic criteria for depression and stopped going to a weekly softball game.
Many of these state laws are even worse than Lee's proposal as they are permitted ex parte orders.
Red flag laws just give authorities power to work around normal evidentiary standards.
In his platitude-laden Twitter video, Lee frames himself as a courageous nonpartisan, accusing anyone who opposes his proposal of being blinded by politics.
https://thefederalist.com/2023/04/20/bill-lees-red-flag-proposal-is-an-unconstitutional-travesty/
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