Tennessee Senate Bill SB2259

Tennessee 2023-2024 Regular Session

• Introduced: 1/30/24

Caption

AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 3; Section 10-7-504 and Title 39, Chapter 17, Part 13, relative to the creation of the "Tennessee Voluntary Do Not Sell Firearms Act."

Impact

This legislation introduces a significant new process for individuals who wish to restrict their firearm access voluntarily. This system is designed to address concerns about self-harm and to provide a means for individuals in crisis or those who no longer wish to possess firearms to prevent potential harm to themselves or others. Under SB2259, specific procedures must be followed for submitting and revoking waivers, which adds a structured legal process for individuals, healthcare providers, and law enforcement agencies involved in firearms transactions.

Summary

Senate Bill 2259, also known as the 'Tennessee Voluntary Do Not Sell Firearms Act,' proposed changes to the state law that allows individuals to voluntarily waive their rights to purchase or possess firearms. Under this act, individuals can file a waiver with a circuit court clerk or through a healthcare provider, which would then prohibit their access to firearms. The waiver information would be submitted to the Tennessee Bureau of Investigation and entered in the National Instant Criminal Background Check System to ensure that the individual is flagged during any firearm purchase attempts.

Contention

Despite its intention, SB2259 has generated discussions and concerns regarding the implications for individual rights and due process. Critics may worry that the voluntary nature of the waiver could still lead to stigmatisation or misuse of the system. Questions about confidentiality are also raised, as the records concerning waivers will not be open records, which may lead to debates on transparency versus privacy. Opponents might argue that while the bill aims to protect individuals in crisis, it must also balance the rights of firearm owners and address any potential for abuse in using the waiver process against lawful firearm possession.