Tennessee Senate Bill SB1570

Tennessee 2023-2024 Regular Session

• Introduced: 4/13/23

Caption

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.

Impact

Additionally, the bill prohibits the possession of large-capacity magazines defined as those capable of holding more than ten rounds. The unlawful possession of such magazines would be classified as a Class B misdemeanor. Exceptions are made for law enforcement agencies using them during official duties. This regulation signifies a shift in the state's stance toward managing firearm accessories and promotes a broader discussion about the role of state law in firearm ownership and public safety.

Summary

Senate Bill 1570, titled the 'Protect Kids Not Guns Act,' aims to modify several sections of the Tennessee Code to impose stricter regulations on firearms storage and the use of large-capacity magazines. One major provision of the bill mandates that firearms must be stored in a locked container or secured with a tamper-resistant mechanical lock to prevent access by unauthorized individuals. Violations of this provision would be classified as a Class A misdemeanor. This legislative move reflects ongoing concerns surrounding gun safety and unauthorized access to firearms, especially by minors.

Contention

One of the contentious points regarding SB1570 is the establishment of an 'extreme risk protection order’ mechanism. This provision allows specific individuals, including law enforcement and family members, to petition the court for the removal of firearms from individuals deemed a risk to themselves or others. Critics argue that the implementation of such orders poses potential risks to due process and could lead to the infringement of rights if not properly regulated. The process for issuing these orders includes a hearing where the court assesses the evidence of risk based on recent behaviors, mental health evaluations, and past threats or acts of violence.