Tennessee and Wyoming passed anti-red flag law legislation in 2024

New laws in Tennessee and Wyoming passed this year prohibiting the use of extreme risk protection orders (ERPOs), also known as red flag laws. They are the third and fourth states to adopt such laws after Oklahoma did so in 2020 and West Virginia in 2021.

ERPOs authorize individuals, typically a family member or law enforcement officer, to petition a court to restrict an individual who is believed to present a danger to others or themselves from accessing guns. As of July 2024, 21 states have enacted some form of a red flag law, with 16 laws passed since 2018. At the time of adoption, one of those states had a Republican trifecta, seven had divided governments, and 13 had Democratic trifectas.

The new legislation in Tennessee and Wyoming expressly prevents the adoption of ERPO laws and prohibits state agencies and political subdivisions from accepting funding or grants to enact said laws.

Tennessee Gov. Bill Lee (R) signed SB 2763 on May 28. It passed the Senate 22-6 on April 11, with two Republicans voting with Democrats, and the House 73-24 on April 24, with one Republican voting with Democrats.

Two months before Tennessee’s anti-ERPO law was passed and went into effect, the Biden administration announced the launch of the first-ever National Extreme Risk Protection Order (ERPO) Resource Center, which was created to support the effective implementation of state red flag laws. They also called on states to pass red flag laws and use funding from the Bipartisan Safer Communities Act to assist in implementation.

The sponsor of the House version of Tennessee’s anti-ERPO bill, Rep. Jody Barrett (R), said: “The right to bear arms is the cornerstone of our freedom and democracy. This law ensures that Tennesseans’ Second Amendment rights are safeguarded against any attempts by the failing Biden administration and local governments to diminish our freedoms. And sends the message that we will not stand idly by as our liberties are threatened.”

All four states to adopt ERPO prohibitions had Republican trifectas at the time of passage.

In 2023, Tennessee lawmakers considered several bills that would have created an ERPO law in the state. The issue had garnered attention following the mass shooting in March 2023 at the Covenant School in Nashville.

After Gov. Lee signed the bill, House Democratic Caucus Chair, Rep. John Ray Clemmons (D) said: “The overwhelming majority of Tennessee families want to see more protections for their children in our schools and our neighborhoods, and it’s unfortunate that Governor Bill Lee and this GOP supermajority would actively step in the path of progress toward gun safety legislation.”

Wyoming Gov. Mark Gordon (R) signed SF 0109 on March 22. It passed the Senate 31-0 on February 27 and the House 54-8 on March 6, with three Republicans voting with Democrats.

Wyoming’s new law differs from those in Oklahoma, Tennessee, and West Virginia as it includes a provision that federal red flag laws cannot be implemented or enforced by anyone, including the state or federal judiciary.