Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Tennessee – Urgent Action Needed - Oppose “Red Flag” Gun Confiscation Orders

Tuesday, April 18, 2023

Tennessee – Urgent Action Needed - Oppose “Red Flag” Gun Confiscation Orders

"Flow motion" has been activated, which means bills are being moved at an alarming pace, with the intention of having them moved through committee and voted on the same day. This process poses a serious risk to our Second Amendment rights. “Red flag” laws, which enable the government to confiscate a person’s firearms and extinguish their Second Amendment rights, have been proposed as a “solution” to prevent mass shootings. Knowing that gun rights supporters strongly oppose “red flag” legislation, there have been some attempts to describe these types of laws by other names.

Whether labeled “red flag” (New York), “gun violence restraining orders” (California), “extreme risk protection orders” (federal government), or something brand new, these measures have serious problems and turn the Second Amendment into a second-class right. Contact your lawmakers today and express your opposition to ALL gun control legislation. Let them know that you expect them to protect your Second Amendment rights.


As enacted in a handful of states, “red flag” laws grant the government the authority to seize a person’s firearms ex parte. This means that these confiscation orders are issued without a hearing or other opportunity for the target of the order to be heard and present evidence. Moreover, this type of legislation typically permits the government to seize firearms based on weak and nebulous standards of evidence. A gun owner can lose their rights based on a mere accusation. 

“Red flag” gun confiscation orders violate the Second Amendment
Aside from due process concerns, the U.S. Supreme Court decision in New York State Rifle & Pistol Association v. Bruen (2022) suggests that “red flag” gun confiscation orders are unconstitutional solely on Second Amendment grounds. 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.

In 2019, Giffords Managing Director Robin Lloyd described state “red flag” laws as “innovative policy solutions.”

In 2014, while pushing California’s “red flag” law Everytown for Gun Safety put out a press release titled, “Moms Demand Action Urges Passage of Innovative Gun Violence Prevention Bill.”

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 similar 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 should be found similarly unconstitutional.

“Red flag” gun confiscation orders do not address the underlying “dangerous” individual
“Red flag” laws strip a person of a Constitutional right without addressing the allegedly dangerous person’s underlying mental health condition or conduct. This leaves the potentially dangerous individual free to continue their course of conduct. If a “red flag” gun confiscation order is used in lieu of a more comprehensive method of addressing the individual’s condition, the procedure could hurt rather than help an individual in need of services and those around them.

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 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.

“Red flag” gun confiscation orders create dangerous confrontations between citizens and police
“Red flag” laws create confrontations between an armed individual in their abode and the law enforcement officers tasked with disarming them. The problem is particularly acute in the ex parte context, where the arrival of an officer may be the individual’s first notice that their rights have been abrogated.

At 5:17 a.m. November 5, 2018, police served a “red flag” gun confiscation order on the home of Gary J. Willis in Anne Arundel County, Md. According to the Baltimore Sun, Willis brought a firearm when he answered the early morning knock at his door. The confrontation ultimately ended with police shooting and killing Willis in his own home.

“Red flag” laws invite abuse
In January 2020, a woman in Larimer County, Colo. attempted to use the state’s “extreme risk protection order” scheme to retaliate against a law enforcement officer with whom the woman had an interpersonal dispute.

On October 11, 2019, a person tweeted out a video of Ben Shapiro, founder of Nashville, Tenn.-based The Daily Wire, in which the conservative political commentator expressed his willingness to defend his family in his own home with a firearm. That same day, failed Democratic presidential candidate Rep. Eric Swalwell (D-Calif.) suggested a willingness to abuse “red flag” gun confiscation orders to disarm his political opponents. Along with retweeting the video, Swalwell stated, “Please tell me this lunatic does not own a gun. Reason 1,578 America needs red flag laws.”

On June 13, 2022, then-Missouri Attorney General and current U.S. Sen. Eric Schmitt (R-Mo.) told Fox News, “Why wouldn’t we believe that these folks are going to weaponize Red Flag laws to punish their political opponents?” The abuse of government power against political opponents has become so prevalent in modern America, that the 118th U.S. House of Representatives instituted the Select Subcommittee on the Weaponization of the Federal Government.

There is no solid evidence to support “red flag” laws
An examination of the available research on “The Effects of Extreme Risk Protection Orders” conducted by the RAND Corporation, updated earlier this year, found no conclusive evidence that “red flag” laws reduced violent crime, mass shootings, suicide, or unintentional injuries and deaths.

Based on these facts, the NRA strongly opposes “Red Flag” gun confiscation orders.

We urge all NRA members and Second Amendment supporters in Tennessee to contact their state senators and representatives to let them know you OPPOSE “red flag” gun confiscation orders and all gun control. Stay informed and active in defending your rights.


TRENDING NOW
Arkansas Atrocity Highlights Need for Reform in Rules Governing Carry in Public Parks

News  

Monday, August 25, 2025

Arkansas Atrocity Highlights Need for Reform in Rules Governing Carry in Public Parks

On the heels of the shocking and seemingly random murder of a couple in an Arkansas state park while they were walking a trail with their young children, many are revisiting their self-defense plans in the great ...

Everytown Gun “Safety” Course—Step One: Don’t Own a Gun

News  

Monday, August 25, 2025

Everytown Gun “Safety” Course—Step One: Don’t Own a Gun

Our friends at the National Shooting Sports Foundation (NSSF) have reported that Everytown, an active and well-funded anti-gun organization, is now purporting to be branching out into teaching gun owners how to safely handle firearms.

Supreme Court Review Sought in NRA-Backed Challenge to California’s Magazine Ban

Friday, August 15, 2025

Supreme Court Review Sought in NRA-Backed Challenge to California’s Magazine Ban

Today, a Petition for Certiorari was filed asking the U.S. Supreme Court to hear Duncan v. Bonta, a case—backed by the National Rifle Association and California Rifle & Pistol Association—challenging California’s prohibition on magazines capable of holding ...

NRA Files Lawsuit Challenging Massachusetts’s “Assault-Style” Firearms Ban

Thursday, August 21, 2025

NRA Files Lawsuit Challenging Massachusetts’s “Assault-Style” Firearms Ban

Today, the National Rifle Association, Gun Owners’ Action League, Pioneer Valley Arms, three NRA members, and another individual filed a lawsuit challenging Massachusetts’s ban on “assault-style” firearms.

Florida Urges SCOTUS to Grant Cert in NRA’s Challenge to its Young Adult Purchase Ban and to Rule its Own Law Unconstitutional

Wednesday, August 20, 2025

Florida Urges SCOTUS to Grant Cert in NRA’s Challenge to its Young Adult Purchase Ban and to Rule its Own Law Unconstitutional

In May, the National Rifle Association petitioned the U.S. Supreme Court to hear NRA v. Glass, our challenge to Florida’s ban on firearm purchases by adults under 21.

Tolerating Crime was a Choice for District of Columbia Officials

News  

Monday, August 18, 2025

Tolerating Crime was a Choice for District of Columbia Officials

On August 11, President Donald Trump declared a crime emergency in the nation’s capital. Fed up with a violent crime problem that has long been tolerated, and perhaps obfuscated, by D.C. officials, President Trump chose to exert his considerable ...

Washington Post Admits that Anti-gun Lawfare “Cannot be the Solution” to Crime

News  

Monday, March 17, 2025

Washington Post Admits that Anti-gun Lawfare “Cannot be the Solution” to Crime

In a turnabout worthy of Invasion of the Body Snatchers, The Washington Post (WAPO) published an editorial last Tuesday criticizing the gun control movement for ignoring the Protection of Lawful Commerce in Arms Act (PLCAA) and pursuing its agenda in ...

U.K. Police Target Gardening Tools, Salty Language

News  

Monday, August 18, 2025

U.K. Police Target Gardening Tools, Salty Language

Another week, another set of stories chronicling the sad demise of individual rights in the United Kingdom, where gardeners with pruning tools are treated like dangerous criminals and insulting crooks who plunder your store attracts more police attention ...

Tenth Circuit Holds New Mexico’s 7-Day Waiting Period Unconstitutional in NRA Case

Tuesday, August 19, 2025

Tenth Circuit Holds New Mexico’s 7-Day Waiting Period Unconstitutional in NRA Case

Today, the Tenth Circuit Court of Appeals held New Mexico’s seven-day waiting period for firearm purchases unconstitutional in Ortega v. Grisham, a case brought by the National Rifle Association and Mountain States Legal Foundation, with the ...

North Carolina: Permitless Carry Bill Scheduled for Veto Override Vote on House Floor Tomorrow

Monday, August 25, 2025

North Carolina: Permitless Carry Bill Scheduled for Veto Override Vote on House Floor Tomorrow

Tomorrow, August 26, Senate Bill 50, Freedom to Carry NC, is scheduled to be on the House floor for a veto override vote.

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.