Tennessee Senate Bill SB1564

Tennessee 2023-2024 Regular Session

• Introduced: 4/5/23

Caption

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

Impact

The implementation of SB1564 would amend several existing laws to incorporate risk protection orders into Tennessee's approach to firearm regulation. This bill intends to provide a legal avenue for rapid intervention in potential crisis situations, especially for those demonstrating significant risk factors, including mental health crises or a history of violence. By ensuring that the legal process permits temporary restrictions based on evidence, it could lead to a stronger framework for protecting both individuals and the community at large.

Summary

Senate Bill 1564 introduces a framework for risk protection orders in Tennessee, which aims to temporarily restrict individuals identified as significant threats from possessing firearms. The bill allows law enforcement officers and certain family members to petition the court for a risk protection order, which would involve a court hearing within a set time frame. If granted, the order could prohibit the individual from accessing firearms and requires them to surrender any firearms they possess. This is designed to enhance public safety by addressing imminent threats of violence.

Contention

Notably, the bill has sparked discussions regarding the balance between public safety and individual rights. Advocates for the bill argue that allowing courts to quickly issue risk protection orders can prevent tragedies, particularly in situations involving domestic violence or mental health concerns. Meanwhile, opponents raise concerns about due process and the potential for misuse of such orders. Additional contentions focus on how effectively the bill outlines the criteria for issuing these orders and the implications for the rights of individuals labeled as threats.

Provisions

Key provisions of SB1564 include guidelines on how to file a petition for a risk protection order, the criteria that must be met for such an order to be granted, requirements for the surrender of firearms, and processes for appealing or vacating the orders. It establishes clear responsibilities for law enforcement in responding to these orders and ensures resources are available for those involved, thereby addressing both procedural and support needs.