FRANKFORT, Ky. (LEX 18) — A new proposal that would temporarily remove firearms from Kentuckians who are deemed an immediate threat to themselves, or others, left the Interim Joint Judiciary Committee divided on Friday morning.
The Crisis Aversion and Rights Retention bill, also known as CARR, will be filed in the 2024 legislative session by Sen. Whitney Westerfield, the Republican chairman of the Senate Judiciary Committee.
He explained that the Uvalde shooting caused him to take a look at the issue. He believes Kentucky needs a way to intervene when someone is on the brink of a mental crisis.
"We need to have another tool that we don't have today," Westerfield explained. "Something not as substantial or severe as voluntary commitment, but also not as useless as doing nothing - which is what we're stuck with today."
Westerfield argued that CARR is different than Red Flag laws, which have been criticized by some lawmakers in Kentucky.
How does CARR generally work?
A person who has concerns about someone hurting themselves or others must bring evidence to law enforcement, according to the bill's presenters. Only an officer can then petition the court to have that person's guns temporarily removed. A judge will then conduct an independent judicial review and approve or deny the temporary petition. If the judge approves it, the guns are temporarily removed. A following hearing will be held to determine next steps, which may include critical mental health support services for the person in crisis. Then, once the individual is no longer in crisis, their guns are returned.
Westerfield specified that Kentucky's bill is still being worked on, so it's not clear what exactly will be proposed. However, he believes it has the potential to save lives.
"There are lives that can be saved by having this opportunity to intervene, not permanently, not forever, but to have some sort of temporary pause as was talked about in committee," said Westerfield. "Let's just make sure everybody's okay, make sure the respondent's okay - and if they're fine, keep your guns."
Whitney Austin, who survived a mass shooting in Cincinnati and created a group that works to end gun violence, told lawmakers that CARR is not for most gun owners.
“We know that misuse of firearms is not tied to law-abiding, mentally well gun owners," she said. "CARR was not created for them.”
She explained the bill was "created to surgically identify the small subset of gun owners, including those in lawful possession of a firearm, who are on the brink of misusing their guns to harm themselves or others.”
However, not all lawmakers are supportive of CARR.
“We must fervently resist any effort to pass gun control legislation,” said Rep. Savannah Maddox.
"Any type of red flag law proposal, or ERPO, or the CARR act has the potential to violate at least three constitutional rights - in addition to due process and the presumption of innocence, which is a principal that is well enshrined in our American legal system," Maddox added.
Maddox explained that she believes Second Amendment rights are not negotiable. She also expressed frustration with some of her fellow Republican lawmakers for proposing gun control measures.
"I continue to be baffled by the fact that this is the second time that we've heard this piece of legislation in a Republican super-majority of 111 out of 138," she said. "And I know that there have been calls for us to find common ground, but in reality, our common ground is the constitution."
Westerfield said his question to "nay-sayers" is this: "What's your solution? Do you think it's okay for someone who is near a psychotic episode or break to be armed?"