Nashville Shooting Could Have Been Prevented by an Extreme Risk Law; Tennessee Lawmakers Should Pass Legislation to Keep Guns out of the Hands of Those in Crisis

Over The Weekend, Governor Lee Stated that “Most Practical, Thoughtful People Believe That Individuals Who Are A Threat To Themselves Or To Others Shouldn’t Have Access To Weapons.” 

While details are still emerging in the tragic mass shooting at The Covenant School in Nashville, Tennessee, which killed three children and three adults, reports show that the shooter had exhibited warning signs for dangerous behavior and was known to own firearms. Since the shooting, Tennessee Governor Bill Lee and Lieutenant Governor Randy McNally, both Republicans, indicated support for gun safety measures, including those that would keep guns out of the hands of people in crisis who pose a risk to themselves or other, like an Extreme Risk law which could have temporarily removed the Nashville shooter’s access to guns and prevented the shooting. According to reports, the shooter was under care for an emotional disorder and had legally bought seven firearms that were hidden at home. After the shooting, the parents of the shooter expressed concerns to police about the shooter having guns. 

Tennessee has some of the weakest gun laws in the country and does not have an Extreme Risk law. If Tennessee had an Extreme Risk law – also known as a Red Flag law – the parents or local authorities could have petitioned a court to temporarily prohibit the shooter from purchasing guns and to remove the guns from the shooter’s possession while they posed a threat to themselves and others, potentially preventing the shooting and saving lives. 

Nineteen states and the District of Columbia now have Extreme Risk laws on the books, including red states like Florida which passed its Red Flag law shortly after the school shooting in Parkland, Florida. These laws empower loved ones or law enforcement to seek intervention via a civil order to temporarily prevent someone from accessing firearms if they are displaying warning signs that they may be a danger to themself or others. Extreme Risk laws include important due process protections and penalties for anyone reporting a false claim to ensure that only those who are a clear risk can be subject to an Extreme Risk Protection Order (ERPO). These policies can help de-escalate emergency situations and are a proven way to prevent gun violence. The majority of mass shooters display dangerous warning signs before the shooting occurs, highlighting the need for these laws. Extreme Risk laws have broad support from law enforcement and lawmakers on all sides of the aisle because they are a common-sense way to prevent access to a deadly weapon and prevent gun violence before it can start.

Last summer, President Joe Biden signed the Bipartisan Safer Communities Act into law, which 15 Republican senators voted in favor of. This landmark piece of legislation includes $750 million in much-needed funding over the next five years to support crisis intervention services, including the implementation of state Red Flag or Extreme Risk laws. The bill will also unlock an additional well-established existing funding stream to support the implementation of Red Flag laws. More information about Extreme Risk, or Red Flag laws, is available here.

In an average year, 1,385 people are killed by guns in Tennessee, with a 52% increase from 2012 to 2021, compared to a 39% increase nationwide. Gun violence costs Tennessee around $18 billion each year. More information about gun violence in Tennessee is available here.

If you have any questions, please don’t hesitate to reach out.