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Southern Baptists have spoken clearly about the need to meet and curb the plague of mass shootings in recent history. How have Southern Baptists spoken to this issue? Lee does not include this provision, meaning that a person can only be dispossessed of the firearms if they go through the entire court process, which means due process is preserved. In some states, the ex parte emergency seizure can last up to one year. An ex parte allows for an expedited process in which firearms can be confiscated prior to a court hearing. Many states’ red flag laws include an emergency ex parte. Lee’s proposal allows for a structured procedure to meet all the demands of due process. However, the governor’s proposal restricts the power of filing the petition to law enforcement alone, supporting them in their efforts to prevent crime.Īdditionally, Gov. Lee’s proposal.įirst, the Order of Protection only allows law enforcement officers to make the official request to the court.Some red flag laws allow multiple actors-such as medical professionals, family members, educators, and other individuals-to file a petition before the court to have firearms confiscated. The guidelines and specific provisions vary from state to state, but there are key differences between these laws and Gov. Red flag laws, also known as Extreme Risk Protection Orders, are currently effective in 19 states along with Washington, D.C. The Order of Protection Proposal is Not a “Red Flag” Law The proposal also includes penalties for false reports. Additionally, individuals may petition to have the firearms returned. The firearms must be surrendered to either a third party or to law enforcement. The judge would also be required to consider alternatives before issuing the order. If the court grants the order of protection, then a person’s firearms may be removed for up to 180 days.

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Thus, there is a high bar for the process to begin, and individuals are entitled to full due process so as to challenge the claims of the court if they believe they are in error. The court process requires that both sides have legal representation.

Having a homicide/suicide assessment conducted by medical professionals.

Once the petition is filed, the court has an extensive process which includes: If the officers deem that there is sufficient evidence for an individual to meet the evidentiary standard, then law enforcement would file a petition to the court. Upon an official report that a person is a danger to themselves or others, law enforcement officers would conduct an investigation. The first step in the process is the involvement of law enforcement. The Order of Protection would institute a system so that firearms could be temporarily removed from individuals who have been deemed in a court of law to be a potential threat to themselves or others. This proposal expands that law to allow the same court to temporarily restrict access to weapons should a person threaten to attack a church, school, or other area of the community. Currently, if a husband threatens to abuse a wife in Tennessee, an order of protection may be issued by the court temporarily restricting the husband’s access to weapons. In particular, it is linked to the existing Order of Protection for domestic violence. Lee’s proposal is not a new law, but rather builds on already existing legal frameworks and standards. What is the Order of Protection proposal? Lee’s proposal is fundamentally about providing law enforcement officers with the tools necessary to protect citizens, while upholding the rights of Tennesseans to exercise their constitutional rights.

Bill Lee has called on Tennessee lawmakers to introduce an Order of Protection law aimed at preventing firearms from being bought or possessed by people who may be a danger to society or themselves. In the wake of the recent shooting at Covenant School in Nashville, Tennessee, Gov.