FRANKFORT, Ky. — Kentucky currently has no legal process to temporarily take away firearms from individuals believed to be a danger to themselves or others. A proposed Crisis Aversion and Rights Retention (CARR) bill aims to change that, though an attempt to get it passed during the 2024 legislative session failed.
State Sen. David Yates, D-Louisville, a co-sponsor of the 2024 bill, remains committed to moving the legislation forward.
“Last session, we did have a committee hearing. I’m hoping to do that again. And this may be baby steps, but we got to keep moving forward,” Yates said.
The CARR bill would allow law enforcement to temporarily take firearms from a person who is believed to be a danger to themselves or others.
Yates and his co-sponsor outgoing State Sen. Whitney Westerfield, R-Fruit Hill, faced resistance from opponents who see it as an infringement on the Second Amendment, or did not fully understand what the bill aims to do.
“Why would we not want to do something? Why would we think that we can continue to sit on our hands and say no and expect things to change? In fact, I think we’re almost negligent for failure to act,” Yates said.
A poll conducted by UpONE Insights in Jan. 2024 found that of the 600 Republican voters interviewed, 72% supported the passage of a CARR bill. It also found strong support from those who support former President Donald Trump, live in rural areas, and who are supporters of the National Rifle Association.
Despite these challenges, Yates is hopeful about the bill’s future. He is currently searching for additional support from his colleagues in the Senate to carry the bill with him in 2025.
“Ultimately, who steps forward, I don’t know,” Yates said.
Organizations like Sandy Hook Promise are supportive of the bill and are working to educate Kentuckians about its intent. Aurora Vasquez, vice president of state policy and engagement for Sandy Hook Promise, emphasized that the CARR bill does not infringe on gun rights and aims to prevent acts of violence.
“This is merely a temporary transfer of a firearm away from or out of the hands of someone who is at imminent risk of misusing that gun precisely so that they can get help before they engage in an act of violence with a gun,” Vasquez said. “We all know that individuals who use a gun in an act of violence are going to lose their Second Amendment rights, that’s what happens. CARR can help prevent that last part.”
Both Vasquez and Yates believe their bill doesn’t infringe on people’s right to bear arms, and would be a useful tool for helping those in crisis.
“I’m a gun owner. I respect the Second Amendment. I do not want to take people’s guns,” Yates said. “What I do want to do is make sure someone that is suffering from mental illness or a mental health crisis situation who’s more likely than not to hurt themselves or hurt others has that temporary removal with the proper oversight.”
Yates plans to reintroduce the CARR bill in the next legislative session.
The Johns Hopkins Center for Gun Violence Solutions reports 21 states and Washington, D.C., have implemented some form of emergency risk protection orders similar to CARR. A 2018 study associated a 7.5% drop in firearm suicides in the decade after Indiana passed similar legislation.
Spectrum News 1 has reached out to Kentucky GOP for comment on this story, but they haven’t responded. We will update the story when we hear from them.