Support an Extreme Risk Protection Order Law for Tennessee
Written by Linda McFadyen-Ketchum, Nashville
Moms Demand Action for Gun Sense in America works to prevent gun violence – suicide, homicide, child-involved unintentional shootings, or domestic violence shootings. We’re not anti-gun. We support legal gun possession, training and demonstration of competence with firearms, and proper gun storage in our homes and cars.
Moms filed an Extreme Risk Protection Order (Red Flag) bill in the TN General Assembly earlier in 2021. 19 states and DC have enacted ERPOs, most since 2018 following the Marjory Stoneman Douglas school shooting in Florida. Legislators in those states understood that perpetrators without guns cannot easily kill.
Tennessee must do the same because some of our fellow Tennesseans are not well enough to possess guns. They may be mentally ill, or suffer from dementia, or struggle with drugs and alcohol. They may have lost their jobs, be in financial need, or be grieving the death of a loved one. A horrific mass shooting can happen here. It is our duty to separate people in extreme distress from their firearms, until they can get the help they need.
When a person is in crisis, family members and law enforcement are often the first to see signs that they pose a threat. ERPOs create a legal tool they may use to temporarily separate a person from their guns if they are at extreme risk of self-harm or harming others. An ERPO will reduce gun suicides and head-off hate crimes and mass shootings. As many people in extreme distress sometimes fail to safeguard their firearms, ERPOs will prevent young children and suicidal teens from accessing unsecured guns. ERPOs save lives.
How do ERPOs work?
The procedure to get an ERPO is similar to getting an Order of Protection (sometimes called a restraining order). ERPO’s are usually heard in general sessions courts.
The family member or law enforcement officer seeking the ERPO (petitioner) files a petition with the court.
The petitioner supplies evidence that the person of concern (respondent) is at extreme risk for self-harm or harming others.
If a judge decides the respondent may harm him or herself or others soon, an ex parte order is issued. This order is temporary and lasts only until a full hearing can be convened, in about 14 days.
A final ERPO is issued following a hearing if the judge decides that the respondent poses a significant threat to him or herself or others. At this hearing, both the petitioner and the respondent have the opportunity to state their case and they may bring witnesses and legal representation. A final ERPO lasts up to one year. A respondent may file to have the ERPO overturned once in a year.
Law enforcement officers serve the ex parte ERPO to the respondent. The officers inform the respondent that they may not own firearms or ammunition for the term of the ERPO and may not purchase more firearms. The officers take the firearms and store them properly until the order expires. If the respondent attended the full hearing, he/she is told at that time where to bring their firearms within 24 hours.
What states already have ERPOs?
Since the beginning of 2018, 14 states and Washington, DC, have passed Extreme Risk laws, bringing the total number of states with these laws to 19. They are: Florida, Indiana, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Massachusetts, Maryland, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia.
Do ERPOs reduce firearm suicide?
Yes. Data from Connecticut and Indiana show that ERPOs are associated with a reduction in firearm suicide.
How can you help further the positive impact of ERPOs?
Learn about ERPOS. Here’s a good online article: https://everytownresearch.org/report/extreme-risk-laws-save-lives/
Tell other people about ERPO laws. Most sensible people agree that persons at extreme risk for suicide or hurting others should be separated from their firearms.
If you’re a member of a statewide organization that might like to join our ERPO Coalition, please share that information at the email below.
Tell your State House Representative and your State Senator that you support an ERPO law for Tennessee.
If you have personal relationships with your Sheriff or Police Chief, tell them you support an ERPO for Tennessee.
We need Republican support to pass ERPO. Talk to your Republican friends and family and ask them to support.
More info: Email tennessee@momschapterleaders.org
Written by Linda McFadyen-Ketchum, Nashville