AN ACT to amend Tennessee Code Annotated, Title 33; Title 36; Title 38 and Title 39, relative to orders of protection.
Impact
This bill is expected to have a significant impact on how the state addresses issues of gun safety and domestic violence. By implementing risk protection orders, the legislation offers a legal pathway to temporarily restrict individuals deemed dangerous from accessing firearms. This aligns with broader movements aimed at enhancing community safety while balancing the rights of individuals, particularly in high-risk situations where mental health may be a concern.
Summary
House Bill 1712 seeks to amend the Tennessee Code Annotated regarding orders of protection, specifically introducing provisions for the establishment of risk protection orders. These orders can be petitioned by law enforcement officers when there is reasonable belief that an individual poses a significant danger to themselves or others due to their possession of firearms. The legislation defines the process through which a risk protection order can be obtained, including requirements for notice to family members and the possibility of hearings within a specified time frame.
Contention
Notable points of contention surrounding HB1712 include concerns about civil liberties and the potential for misuse of the order by law enforcement. Critics worry that the criteria for issuing a risk protection order may lead to subjective interpretations, potentially infringing upon the rights of individuals without due process. Additionally, there are apprehensions regarding how such measures may disproportionately affect certain groups within the community, raising debates about equity and fairness in the application of these new provisions.