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.
AN ACT to amend Tennessee Code Annotated, Title 4; Title 8; Title 10; Title 13; Title 16; Title 29; Title 33; Title 36; Title 37; Title 38; Title 39; Title 40; Title 47; Title 49; Title 50; Title 55; Title 58; Title 65; Title 68 and Title 70, relative to firearms.