How the Nashville grade school shooter was able to get guns legally

A deadly shooting at a Nashville grade school that left three nine-year-old students and three adult staff members dead has sparked calls in Tennessee for what it calls a red flag law, with supporters suggesting it could have prevented the attack.

One is proposed in the state in 2020. The red flag law — also known as an extreme risk protection order (ERPO) — would, if passed, allow for the temporary confiscation of guns from individuals deemed an immediate risk. to himself or others. But the proposed legislation never made it out of committee.

It is another example of how in recent years the country has scrapped strict gun laws, and instead passed rules that make it easier to own weapons.

The shooter, identified as Audrey Elizabeth Hale, 28, had legally purchased seven weapons from five different stores, including two assault weapons and the handgun used in the attack, Nashville Police Chief John Drake told reporters Tuesday.

Under current Tennessee gun laws, Hale does not have a criminal record that would prevent Hale from purchasing a gun.

Hale has reportedly been receiving treatment from doctors for an “emotional disturbance”, according to Hale’s parents.

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Drake, the police chief, told reporters that Hale’s parents did not feel Hale should have a gun. Hale sold one of the guns, and his parents did not know that Hale had another weapon, said Drake.

But Drake said there is no law that would allow police to confiscate a gun from Hale because he was in possession of a weapon while under a doctor’s care.

However, if police knew the attacker was going to kill someone, they would try to seize the weapon, Drake said.

The red flag law allows for temporary restrictions

Such seizures would be easier if the state had a red flag law, advocates say.

“This horrific tragedy underscores why violence intervention and extreme risk protection laws are so important,” said Peter Ambler, executive director and founder of the Giffords Law Center, in a statement.

“The Nashville shooter bought several guns legally and his parents are concerned about access to guns. In states with extreme risk protection orders, family members or law enforcement have legal processes that can be used to ensure people who are a danger to themselves or anyone else. don’t have a gun.”

Such an order, issued by a judge or police, can restrict an individual’s access to firearms. Several states have adopted such laws, including Connecticut and Florida.

But whether such a law will work in this case is not clear, said Dr. Mark Rosenberg, founding director of the National Center for Injury Prevention and Control.

“This shooter has some sort of mental health disorder but we don’t know how serious it is. We don’t know if it’s a major psychiatric illness,” Rosenberg said.

“The red flag law really focuses on people who report murder or suicide [thoughts].”

Tenn. to lower the minimum age to carry a gun

Meanwhile, Tennessee continues to ease its ban on firearms possession. Tennessee lawmakers recently sponsored a bill to allow teachers, principals and school staff to carry loaded guns on school property, FOX 13 Memphis reported.

And the state is currently in the process of lowering the minimum age for Tennesseans to carry a handgun in public without a permit to 18.

The move comes two years after Tennessee, in July 2021, passed a law allowing most adults 21 and older to carry handguns, openly or concealed, without a permit.

“I signed constitutional carry today because it shouldn’t be difficult for law-abiding Tennesseans to exercise [Second Amendment] rights,” Gov. Bill Lee said on social media at the time.

But the law is still too restrictive for some gun rights activists. The Firearms Policy Coalition (FPC) is suing the state for banning 18- to 20-year-olds from being allowed to carry handguns without a permit, saying it is unconstitutional.

Late last year, according to The Associated Press, Tennessee Attorney General Jonathan Skrmetti’s office negotiated a settlement rather than defend the law, citing a US Supreme Court decision last year that expanded gun rights.

There are some limitations and restrictions on gun ownership. Felons, who are convicted of domestic violence and stalking, and who are committed by the court to a mental institution are not allowed such a permit.

Also, all prospective gun buyers who purchase guns from a pawn shop or from a licensed firearms dealer must undergo a background check through the Tennessee Instant Check System (TICS) administered by the Tennessee Bureau of Investigation (TBI), according to. to the Safe Tennessee Project.

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But no permit, background check or firearms registration is required when buying a handgun from a private person, the US Concealed Carry Association said on its website.

As for other Tennessee gun laws, according to the US Concealed Carry Association:

• There is no state-mandated waiting period to purchase a handgun in Tennessee.
• Gun owners can carry their firearms concealed in bars and restaurants that serve alcohol, unless it’s delivered, if they don’t drink alcohol.
• There is no limit to the purchase of multiple firearms.