Tennessee Senate Bill SB7029

Tennessee 2023-2024 Regular Session

• Introduced: 8/21/23

Caption

AN ACT to amend Tennessee Code Annotated, Title 39, relative to temporary mental health orders of protection.

Impact

If enacted, this law would create a clearer legal framework for handling situations where individuals deemed a threat can be temporarily prevented from accessing firearms. It establishes requirements for mental health assessments and the surrender of weapons, aiming to enhance public safety. The law would grant circuit courts jurisdiction over these orders and would mandate that law enforcement agencies develop procedures for the management of surrendered firearms, thereby aiming to bridge law enforcement and mental health resources to address the critical intersections of these domains.

Summary

SB7029 introduces amendments to the Tennessee Code related to temporary mental health orders of protection. This legislation allows law enforcement officers and agencies to petition for a temporary mental health order when an individual poses a significant danger to themselves or others due to the possession of firearms or ammunition. The bill outlines the process of filing a petition, which includes providing evidence of imminent danger and identifying firearms in the respondent's possession. The standard petition process is designed to be accessible, requiring minimal legal representation for the parties involved.

Contention

While supporters of SB7029 argue that it fills an urgent need for public safety measures addressing mental health crises and firearm access, critics may raise concerns about potential overreach and the implications for civil liberties. There may be apprehensions regarding due process, as individuals subject to these orders could argue that their rights to bear arms and personal liberties are being infringed upon without adequate evidentiary standards. Furthermore, the effectiveness of temporary orders and how they are enforced may lead to discussions about the balance between individual rights and community safety.