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
Report: Newsom Rejected Gifted Handgun Because California Law is Too Complicated

News  

Monday, July 28, 2025

Report: Newsom Rejected Gifted Handgun Because California Law is Too Complicated

In a video interview with Tennessee-based podcaster Shawn Ryan published earlier this month, anti-gun California Governor Gavin Newsom appeared to accept a gift of a Sig P365 XMACRO semi-automatic handgun from the former U.S. Navy ...

Sen. Murphy and Political Performance Art

News  

Monday, July 28, 2025

Sen. Murphy and Political Performance Art

Readers of our alerts know, very well, that U.S. Senator Chris Murphy (D-CT) does not believe in the Second Amendment, and would probably like to see virtually every law-abiding American disarmed. And he has held ...

North Carolina: Pro-Gun Bills Advance in Veto Override Session

Tuesday, July 29, 2025

North Carolina: Pro-Gun Bills Advance in Veto Override Session

During a veto override session on Tuesday, July 29th, both chambers passed House Bill 193 (H193) and defeated Governor Josh Stein's veto.

From New York to Australia, the Law Doesn’t Always Back the Good Guys

News  

Monday, July 28, 2025

From New York to Australia, the Law Doesn’t Always Back the Good Guys

For decades, NRA-ILA has pointed out that gun control advocates are disingenuous when it comes to public safety. 

Ninth Circuit Strikes Down California’s Background Check Requirement for Ammunition Purchases in NRA Backed Case

Thursday, July 24, 2025

Ninth Circuit Strikes Down California’s Background Check Requirement for Ammunition Purchases in NRA Backed Case

The Ninth Circuit Court of Appeals ruled that California’s law requiring a background check for each ammunition purchase violates the Second Amendment in Rhode v. Bonta—a case backed by the National Rifle Association and California Rifle ...

Rehabilitative Justice and the Anti-Gun Blind Spot

News  

Monday, July 28, 2025

Rehabilitative Justice and the Anti-Gun Blind Spot

Politics, they say, make for some strange bedfellows. Nicole Aloise, the Democrat running for the District Attorney (DA) job in New York’s Nassau County, has reportedly invited convicted criminals to apply for a full-time position on her ...

DOJ Issues “Relief From Disabilities” Rulemaking; Your Comments Urgently Needed!

News  

Monday, July 28, 2025

DOJ Issues “Relief From Disabilities” Rulemaking; Your Comments Urgently Needed!

On July 22, the U.S. Department of Justice (DOJ) issued a proposed rule in response to the Trump administration’s intention to revive a statutory process for the restoration of Second Amendment rights lost under federal law as result of ...

Tax Relief Spurs Participation in Outdoor Recreation, Conservation Efforts

News  

Monday, July 28, 2025

Tax Relief Spurs Participation in Outdoor Recreation, Conservation Efforts

It’s well known that firearm owners, along with sportsmen and women, invest a lot of time, effort, and especially money into being good stewards of their Second Amendment rights and their love of the outdoors.

Florida: Second Amendment Sales Tax Holiday Signed by Governor

Monday, July 7, 2025

Florida: Second Amendment Sales Tax Holiday Signed by Governor

Governor Ron DeSantis recently signed the Florida Budget for Fiscal Year 2025–2026, which includes a Second Amendment sales tax holiday from September 8 through December 31, 2025. The NRA is thankful for Governor DeSantis’ strong ...

North Carolina: Update on Gun Bills Moving through the General Assembly

Tuesday, June 24, 2025

North Carolina: Update on Gun Bills Moving through the General Assembly

Recently, House Bill 193 (H193) was reported favorably out of both the Senate Judiciary Committee and the Senate Rules Committee, with amendments.

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.