Explore The NRA Universe Of Websites

APPEARS IN News

Poll: Tennessee Voters Prefer Enforcing Existing Laws to Red Flag Gun Confiscation

Monday, June 19, 2023

Poll: Tennessee Voters Prefer Enforcing Existing Laws to Red Flag Gun Confiscation

As NRA-ILA has often pointed out, as ignorance recedes, so does support for gun control. Recent polling in Tennessee conducted by co/efficient shows that when voters are confronted with the reality of “red flag” gun confiscation laws, they prefer vigorous enforcement of existing mental health laws and detainment for those proven to be dangerous over ineffective measures that only serve to undermine Second Amendment rights.

As enacted in a handful of states, “red flag” or “extreme risk protection order” laws grant the government the authority to seize a person’s guns and abrogate their right to possess firearms pursuant to a civil order. Such orders can typically be granted based on weak and nebulous standards of evidence.

Since 1968, federal law has prohibited firearm possession by anyone “who has been adjudicated as a mental defective or who has been committed to a mental institution.” Therefore, those proven to be dangerously mentally ill are already prohibited from possessing firearms.  Red flag laws are designed to circumvent the due process typically afforded individuals before they are adjudicated as a mental defective or involuntarily committed, in order to more easily attack ordinary Americans’ Second Amendment rights.

The U.S. Supreme Court decision in New York State Rifle & Pistol Association v. Bruen (2022) suggests that “red flag” gun confiscation orders violate the Second Amendment. Justice Clarence Thomas’s opinion made clear that in order for a firearm regulation to pass constitutional muster it must fit within the text, history, and tradition of the Second Amendment right. Specifically, the opinion noted,

[w]hen the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct. The government must then justify its regulation by demonstrating that it is consistent with the Nation’s historical tradition of firearm regulation. Only then may a court conclude that the individual’s conduct falls outside the Second Amendment’s “unqualified command.”

That poses a problem for “red flag” law backers, who are eager to stress the “innovative” nature of the gun control measure.

Following Bruen, a February 2 decision in the U.S. Court of Appeals for the Fifth Circuit invalidated a federal firearms prohibition that is based on a mere civil order. The decision explained,

The distinction between a criminal and civil proceeding is important because criminal proceedings have afforded the accused substantial protections throughout our Nation’s history. In crafting the Bill of Rights, the Founders were plainly attuned to preservation of these protections. See U.S. Const. amend. IV; U.S. Const. amend. V; U.S. Const. amend. VI; U.S. Const. amend. VIII. It is therefore significant that § 922(g)(8) works to eliminate the Second Amendment right of individuals subject merely to civil process.

By this logic, “red flag” gun confiscation schemes would be found similarly unconstitutional.

From May 30-June 1, co/efficient polled a sample of 1,770 likely general election voters in Tennessee on a series of questions, including how to address the dangerously mentally ill and “red flag” laws.

Respondents were presented with the following question, followed by a pair of options,

If a person is threatening to harm themselves or other, what do you think law enforcement should do to provide the most safety for the community?

  • Removing the individual threatening to harm others from the community so they cannot access firearms OR cause harm by any other means
  • Take away that person’s firearms, but leave threatening individuals in the community

When presented with the reality of what “red flag” laws entail, an overwhelming 84 percent supported incapacitating the person threatening harm.

Later, respondents were asked the following question, followed by three options,

The State of Tennessee already has many laws on the books that allow for the arrest and immediate detention of someone who is threatening violence or deemed dangerous to themselves or others by a law enforcement officer or a licensed physician or psychologist. Is it a more effective solution to?

  • Enforce existing laws to remove individuals threatening to harm others from the community
  • Enact new red flag laws to take firearms from individuals
  • Makes no difference

The likely voters preferred to enforce the existing laws over enacting new “red flag” laws by 38 points.

As NRA-ILA has noted, Tennessee already has broad civil commitment laws. T. C. A. § 33-6-402 provides for the immediate detention of dangerous individuals experiencing a mental health crisis by a law enforcement officer, physician, psychologist, or certain other designated professionals. This procedure can be utilized when,

(1) a person has a mental illness or serious emotional disturbance, AND

(2) the person poses an immediate substantial likelihood of serious harm… because of the mental illness or serious emotional disturbance,

A person detained in this manner is then evaluated to determine whether they meet the criteria for admission to a hospital or treatment resource.

Tennessee could improve funding and access to emergency mental health services. A 2016 report from the Treatment Advocacy Center determined that the Volunteer State ranked 41 out of the 50 states and the District of Columbia in state hospital psychiatric beds per capita.

Further, co/efficient’s polling makes clear that Tennessee voters are willing to support measures that give law enforcement and others the resources they need to protect the public.

In May, Tennessee enacted school safety legislation that provided $230 million in funding to protect schools. This included $140 million to ensure at least one full-time armed school resource officer for every public school.

This legislation is overwhelmingly popular.

co/efficient asked their sample,

So you support the recent bill signed by Governor Lee to enhance safety at public and private schools by adding Police Officers and improving physical security at schools across the state?

77 percent of respondents supported the measure and a mere 14 percent opposed.

Taken together, these results suggest Tennessee voters prefer allocating resources to give law enforcement and others the tools they need to enforce existing law over enacting new laws designed to undermine constitutional rights.

TRENDING NOW
President Donald J. Trump to Address NRA Members at the 153rd NRA Annual Meeting in Dallas, Texas

News  

Friday, May 3, 2024

President Donald J. Trump to Address NRA Members at the 153rd NRA Annual Meeting in Dallas, Texas

Today, the National Rifle Association of America (NRA) announced that President Donald J. Trump will address NRA members as the keynote speaker at the 2024 NRA Annual Meetings & Exhibits on Saturday, May 18th in Dallas, ...

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

Turks and Chaos: Island Jurisdiction a Potential Nightmare for U.S. Gun Owners

News  

Monday, May 13, 2024

Turks and Chaos: Island Jurisdiction a Potential Nightmare for U.S. Gun Owners

Set aside communist Cuba for a moment, these days another Caribbean island jurisdiction is providing a cautionary tale for U.S. gun owners. 

The State of Crime: A Steep Decline, or Another Bidenesque Wild Story?

News  

Monday, May 6, 2024

The State of Crime: A Steep Decline, or Another Bidenesque Wild Story?

In his State of the Union address this year, President Joe Biden proclaimed that “Americans deserve the freedom to be safe, and America is safer today than when I took office,” boasting that “[l]ast year, the murder ...

“District of Crime”: Shocking Case Characteristic of D.C. Approach to Violence

News  

Monday, May 13, 2024

“District of Crime”: Shocking Case Characteristic of D.C. Approach to Violence

When a reasonable person finds it impossible to take anti-gun big city politicians and their professed “need” for more gun control seriously, maybe it’s stories like this one from Washington, D.C. that play a role.

NRA Files Legal Challenge to New Mexico Waiting Period Law

News  

Second Amendment  

Wednesday, May 15, 2024

NRA Files Legal Challenge to New Mexico Waiting Period Law

Today, the National Rifle Association of America (NRA) filed a lawsuit in the federal district court of New Mexico challenging the State of New Mexico’s new waiting period law, which took effect today. ...

Breaking: NRA Files Legal Challenge on Mandatory Waiting Periods in New Mexico!

Wednesday, May 15, 2024

Breaking: NRA Files Legal Challenge on Mandatory Waiting Periods in New Mexico!

Today, the NRA filed a lawsuit in federal court challenging New Mexico's recently enacted waiting period requirement on firearm purchases. 

Ninth Circuit Upholds California Law Allowing Gun Owners’ Private Data to be Shared with Research Institutions in NRA-ILA-Supported Case

Monday, May 13, 2024

Ninth Circuit Upholds California Law Allowing Gun Owners’ Private Data to be Shared with Research Institutions in NRA-ILA-Supported Case

On May 8, 2024, the Ninth Circuit Court of Appeals upheld California’s law requiring California’s Department of Justice to provide firearm purchasers’ and CCW applicants’ information to research institutions.

Louisiana: Enhanced Firearm Preemption Legislation Signed by Governor Jeff Landry

Wednesday, May 15, 2024

Louisiana: Enhanced Firearm Preemption Legislation Signed by Governor Jeff Landry

Today, Governor Jeff Landry signed Senate Bill 194 into law which enhances and strengthens Louisiana's existing firearm preemption laws.

Delaware: Governor to Sign Permit to Purchase Bill

Tuesday, May 14, 2024

Delaware: Governor to Sign Permit to Purchase Bill

Governor Carney is scheduled to sign extreme Permit to Purchase legislation in Dover on Thursday. May 16th.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.