Tennessee House Bill HB1574

Tennessee 2023-2024 Regular Session

• Introduced: 4/5/23
• Refer: 4/5/23
• Refer: 1/10/24

Caption

AN ACT to amend Tennessee Code Annotated, Title 36; Title 38 and Title 39, relative to firearms.

Impact

The introduction of risk protection orders is expected to enhance public safety by enabling the legal framework for temporarily removing firearms from individuals assessed to be dangerous. If a court finds compelling evidence, the order can last up to twelve months. This legislation is seen as a proactive approach to addressing gun violence and mental health crises, particularly in situations where individuals demonstrate troubling behavior involving firearms.

Summary

House Bill 1574 aims to amend Tennessee laws concerning firearms by establishing a process for obtaining risk protection orders aimed at individuals deemed a significant danger to themselves or others. The bill allows law enforcement agencies and certain relatives of the potential respondents to petition for these orders in cases where there is reasonable cause to believe that the respondent poses a threat due to firearm possession or acquisition. The process involves a court hearing within fourteen days of filing a petition, alongside provisions for emergency temporary orders when immediate danger is identified.

Contention

While proponents argue that HB1574 provides necessary tools for law enforcement and relatives to prevent potential tragedies, critics highlight concerns over due process. The notable contention arises from the potential for misuse of the system, fear of wrongful accusations, and the impact on personal liberties. Critics also raise questions regarding the adequacy of mental health evaluations in the context of granting these orders and whether the measures could lead to unjust stigmatization of individuals with mental health issues.