FRANKFORT, Ky. — A new bill filed on Thursday would temporarily seize a person's gun if a judge deems them in crisis and a threat to themselves or others is steadily gaining traction in Kentucky, according to the bill's sponsors.
The Crisis Aversion and Rights Retention bill (CARR) is the latest effort in Frankfort to address the state's rising gun violence and mental health crisis.
Under CARR, a judge would need to deem a person is experiencing a mental health crisis and is a danger to themselves or others before law enforcement could temporarily seize their guns. That person would be able to appeal to have their guns given back after a 45-day period.
During a news conference Thursday, Kirsten Russell said she tried to keep firearms away from her brother, Gavin Perkins, who suffered from mental health issues. He was charged with murdering their mother, but briefly released last June after being declared incompetent for trial. The court is revisiting his competency on Jan. 30.
"We filed for a mental inquest warrant; we were denied. He didn't fit the criteria," Russell said. "For my family, CARR would have made all the difference in the world. If we would have been able to be able to temporarily remove his firearms, I believe my mom would still be with us here today."
Open-minded lawmakers
For the bipartisan bill to pass, it needs to pass through a house committee before moving on to the Senate. Regardless, in both chambers of the legislature it will need the support of Republicans.
Senator Whitney Westerfield (R-3), co-sponsor of CARR, insists the proposed legislation still accommodates the Second Amendment—one of the party's main concerns.
"We don't wanna take away guns from law-abiding citizens, we want to step in temporarily to keep people safe," Westerfield said. "We don't want it to be abused, we want to do something responsible, constitutionally, to keep people safe."
Another co-sponsor of the bill, Senator David Yates (D-37), said CARR intentionally respects the Constitution and "isn't a gun-grabbing bill."
Both senators agree conversations with lawmakers have significantly improved since last year. Yates said lawmakers have been seemingly more "open-minded," in part thanks to Kentuckians reaching out to their lawmakers.
"There are members of both chambers who have reached out and said, 'I'm a yes vote.' They're afraid to say that publicly, but they are supportive," Westerfield said. "There's more support for it than you're hearing, that is abundantly clear."
President pro tempore of the state senate, David Givens (R-9), withheld support for the bill.
"I am a supporter of 2nd Amendment rights. I am also a supporter of life, liberty and the pursuit of happiness," he said, but added, "I do sense more open minds than ever before about wading into this difficult space and trying to find the balance in those times of mental health crisis."
'A breakthrough moment.'
Jeffersontown Police Chief Rick Sanders also spoke at Thursday's rally in Frankfort, agreeing with lawmakers on CARR's constitutionality.
Sanders recalled a 2018 incident where Kentucky State Police stopped a potential school shooter.
"[A trooper] went to that guy's house and caught him backing out of the driveway. He had a rifle, hundreds of rounds of ammunition, a bullet proof vest on," Sanders said. "And I ask people, would you support giving his guns back to him?"
Whitney Austin, a mass shooting survivor and founder of Whitney/Strong, said every small action from Kentuckians across the Commonwealth has helped pushed the legislation to this point.
"I truly believe there is nothing significant that happens in this world that was an overnight success, that everything that is meaningful in this life was the result of many, many small actions accumulating until a breakthrough moment occurs," she said. "That is what we are doing together and that is why momentum is on our side."
She said volunteers have helped surpass more than a thousand signatures in support of CARR, and in the last year, more than 20,000 emails have been sent to elected representatives in Frankfort.
"If you think that doesn't matter, you are incorrect, it is what has gotten us to this moment," Austin continued.
Make it easy to keep up-to-date with more stories like this. Download the WHAS11 News app now. For Apple or Android users.
Have a news tip? Email assign@whas11.com, visit our Facebook page or Twitter feed.