The week in politics: Tennessee GOP passes red flag preemption bill in final days of session

A year after Gov. Bill Lee told lawmakers Tennesseans deserved a vote on a law to keep guns out of those deemed a danger to themselves or others, House Republicans passed legislation to block local governments from passing their own version of an extreme risk protection order.

The vote finalized the legislation, which Senate Republicans passed earlier this month.

Democrats sharply criticized the legislation as a power grab over local control, as well as pointing out that Republicans have continually blocked red flag legislation from any substantive debate in legislative committees in recent months.

“We’ve not even had the debate, and before we can have the debate, we’re going to prohibit local governments from having that debate as well,” said Rep. Bob Freeman, D-Nashville. “In Tennessee right now, firearms are the No. 1 killer of kids. The No. 1.”

Bill sponsor Rep. Jody Barrett, R-Dickson, said he brought the bill to maintain “consistency,” but also noted an ideological opposition to red flag laws.

“If we leave this to their own devices, what I fear is a division of the state of Tennessee upon multiple layers with laws that are different,” Barrett said.

When asked by reporters earlier this month if he would consider vetoing the legislation that would pre-empt local control and bar local enactment of a policy he championed last year, Lee said he was not yet familiar with the bill.

“I would have to see more specifically what that what the bill says and what it implies before I could really comment,” Lee said.

Vice President Kamala Harris blasts Tennessee over armed teachers bill

Vice President Kamala Harris on Wednesday blasted Tennessee Republicans in a social media post denouncing legislation passed that would allow trained teachers with district and law enforcement permission to carry guns inside classrooms without notifying parents.

“Arming teachers is not the solution. We know what actually works: universal background checks, red flag laws, safe storage, and an assault weapons ban,” Harris wrote on X, the site formerly known as Twitter. “Shame on extremists in the Tennessee legislature for failing to protect our children.”

In response, House and Senate Democrats thanked Harris for her support, while Republican lawmakers who supported the bill shot back to defend it.

“Have you read the bill, Madam Vice President?” wrote Rep. Jason Zachary, R-Knoxville. “It is permissive, allowing a teacher to carry with the approval of the principal, sheriff, and head of school. Requires 40 hours of tactical training, mental health check, and enhanced carry permit, to name a few. 30+ states have this on the books today. TN teachers in distressed counties have been able to carry since 2016 without incident. We will take every step necessary to protect children in rural communities.”

“The mental health/acuity test before you could carry would most certainly disqualify you and Papaw,” wrote House Majority Caucus Chair Jeremy Faison, R-Cosby. “Not sure you would even pass the background check tbh.”

Lee has not yet signed the bill into law but said Thursday he planned to do so.

Age appropriate gun safety training coming to schools

Public school children as young as pre-kindergarten will be taught age-appropriate firearms safety concepts in school beginning in the 2025-26 school year, as Lee signed into law a measure requiring the safety concepts training.

Required instruction topics include: safe storage of firearms, how to avoid injury if a student finds a firearm, never to touch found firearms, and to immediately notify an adult of the location of a found firearm.

Training would be conducted through viewing of videos and online content. Live ammunition, live fire and live firearms would be prohibited. The bill does not specifically prohibit non-functional model weapons. Proponents of the safety concepts training have likened it to mandatory school fire drills. 

Lee signs Jillian’s Law

Lee signed into law a measure to require certain criminal defendants who are deemed mentally incompetent and unable to stand trial to be committed to a facility for mental health treatment, and bar them from legally buying or possessing guns, legislation sparked by the shooting death of Belmont University student Jillian Ludwig last year.

A judge must consider evidence to determine if an individual is not competent to assist in their defense. A finding of incompetency would mandate in-patient treatment and later, if a person is released, outpatient treatment.

Ludwig, a Belmont University freshman, was killed by a stray bullet that police say was fired by Shaquille Taylor, who had previously been deemed incompetent to stand trial for another violent crime but did not meet the standards for involuntary commitment.

“The heartbreak inflicted on the family of Jillian Ludwig and others like them is unimaginable. Jillian’s Law will bridge a wide gap we have within our judicial and mental health systems so that no family will endure the kind of pain and suffering they have,” said House Majority Leader William Lamberth, R-Portland, who sponsored the bill.  

“I will be forever grateful to Matt and Jessica, who, with incredible strength, continue to fight for their daughter by working to prevent others from becoming victims. We could not have passed and funded Jillian’s Law without their advocacy.” 

Death penalty for child rape goes to governor

A bill that would allow the death penalty for defendants convicted of raping a child — in an effort to challenge a 2008 U.S. Supreme Court ruling — is headed to Lee’s desk.

Senate Bill 1834 would allow capital punishment for adults convicted of raping a child, with certain aggravating factors. Only seven other states have passed similar laws permitting capital punishment for rape of a child under 12, which each chip away at Kennedy v. Louisiana.

In that 2008 case, the U.S. Supreme Court struck down as unconstitutional a Louisiana law that allowed the death penalty in child rape cases that do not involve the victim’s death, finding that it amounts to “cruel and unusual punishment.”

November designated as ‘Christian Heritage Month’

Lee on Monday signed into law a bill designating November as “Christian Heritage Month,” to “encourage citizens to learn more about Christian heritage in this state.” 

The legislation follows a new law signed by Lee that designates the Aitken Bible, alongside 9 other works, as official “state books.” 

Tourism records signed into law

Lee signed into law a bill allowing the Tennessee Department of Tourist Development to exempt certain documents from public records laws for up to five years if the tourism commissioner and attorney general deem them “sensitive.” 

Proponents of the bill have said it would help the state attract large tourism deals. Rep. Andrew Farmer, R-Sevierville, who presented the bill to the House in February and repeatedly said the option of secrecy would help Nashville “get the Super Bowl.”

Public records advocates and others criticized the legislation. The bill took effect immediately. 

Let’s talk about sex, baby

Lawmakers voted to bar instruction on “topics related to sexual activity” in the state’s mandatory family life curriculum for children in kindergarten through fifth grade.

“Instruction in topics related to sexual activity are not age-appropriate for students in any of the grades kindergarten through five (K-5) and shall not be taught to students in any of the grades kindergarten through five,” the bill states.

During debate on the bill Monday, Sen. Heidi Campbell, D-Nashville, noted that young girls can begin experiencing menstrual periods as early as fourth or fifth grade – and questioned whether the bill bars instruction in human sexual actualization or only outlaws instruction on topics pertaining to sex between two individuals.

The bill permits children in grades K-5 from receiving instruction in “detection, intervention, prevention, and treatment of child sexual abuse and human trafficking in which the victim is a child.” 

Having received approval from Republicans in both the House and Senate, the bill is now on its way to Lee’s desk.

Catch up on the week

Legislative session ends with failed voucher push, tax overhaul and party feuds

AG argues qualified doesn’t mean certified in fight over education commissioner

House passes bill allowing armed teachers, sending measure to the governor

Tennessee House, Senate reach deal on franchise tax bill — including public disclosures

Majority of $1.5B franchise tax refunds would flow out of Tennessee, new records show

Got a question for us?

Got a question about state politics you would like us to tackle? Let us know. Email us at mabrown@tennessean.com, vjones@tennessean.com or statehouse@tennessean.com.