Tennessee House Bill HB7099

Tennessee 2023-2024 Regular Session

• Introduced: 8/18/23
• Refer: 8/22/23
• Failed: 8/22/23

Caption

AN ACT to amend Tennessee Code Annotated, Title 33; Title 36; Title 38 and Title 39, relative to orders of protection.

Impact

The enactment of HB7099 will alter existing statutes related to orders of protection and firearm ownership in Tennessee. By streamlining the process for petitions and incorporating mental health assessments into the hearings, this bill aims to provide an efficient framework for evaluating the risks posed by individuals. It emphasizes the role of law enforcement in safeguarding communities by proactively addressing situations where individuals could harm themselves or others. Additionally, there are provisions for the safe handling and return of firearms once the risk protection orders are vacated or expire, ensuring responsibilities for both the court and law enforcement agencies.

Summary

House Bill 7099 introduces significant amendments to Tennessee law concerning the issuance of risk protection orders. It allows law enforcement officers or agencies to file petitions for such orders when individuals are deemed to pose a significant danger to themselves or others due to their ownership or potential access to firearms. The bill outlines specific procedures for filing, responding, and adjudicating petitions, as well as requirements for surrendering firearms and ammunition when a risk protection order is invoked. It is designed to enhance public safety by preventing potential firearm-related harm from individuals identified as threats.

Sentiment

The sentiment surrounding HB7099 reflects a balance of concern for public safety and individual rights. Supporters argue that it fills a critical gap in current law by allowing prompt action to prevent possible violence, especially in domestic situations. However, detractors express concerns over due process, particularly regarding the potential for misuse of the petition process and the implications of temporarily suspending an individual's right to bear arms. The discourse emphasizes the importance of both protecting communities and ensuring fair treatment for respondents in these proceedings.

Contention

Key points of contention arise around how risk protection orders will be applied and the criteria for determining whether an individual poses a significant danger. Critics are particularly focused on the breadth of the definitions and the decision-making process that leads to firearm surrender, fearing that it might infringe upon Second Amendment rights. Another contentious aspect is the lack of a requirement for individuals to have legal representation during the petition process, which some argue could lead to unjust outcomes against respondents who may not understand their rights.