Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0430 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2		-	SENATE BILL 500
3		-	By Kyle
	2	+	<BillNo> <Sponsor>
4	3
5	4		HOUSE BILL 430
6	5		By Jones J
7	6
8	7
9	8		HB0430
10	9		002129
11	10		- 1 -
12	11
13	12		AN ACT to amend Tennessee Code Annotated, Title 4;
14	13		Title 8; Title 10; Title 13; Title 16; Title 29; Title 33;
15	14		Title 36; Title 37; Title 38; Title 39; Title 40; Title
16	15		47; Title 49; Title 50; Title 55; Title 58; Title 65;
17	16		Title 68 and Title 70, relative to firearms.
18	17
19	18		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
20	19		SECTION 1. This act is known and may be cited as the "Protect Kids Not Guns Act."
21	20		SECTION 2. Tennessee Code Annotated, Title 39, Chapter 17, Part 13, is amended by
22	21		adding the following as a new section:
23	22		(a) It is an offense to store or keep a firearm in any place unless the firearm is
24	23		secured in a locked container or equipped with a tamper-resistant mechanical lock or
25	24		other safety device that is properly engaged so as to render the firearm inoperable by
26	25		any person other than the owner or another lawfully authorized user.
27	26		(b) A violation of subsection (a) is a Class A misdemeanor.
28	27		(c) This section does not apply to a firearm that is carried by or under the control
29	28		of the owner or other lawfully authorized user.
30	29		SECTION 3. Tennessee Code Annotated, Title 39, Chapter 17, Part 13, is amended by
31	30		adding the following as a new section:
32	31		(a) As used in this section:
33	32		(1) "Large-capacity magazine" means an ammunition feeding device with
34	33		capacity to accept more than ten (10) rounds; and
35	34		(2) "Manufacturing" includes both fabricating a magazine and assembling
36	35		a magazine from a combination of parts, including, but not limited to, the body,
37	36
38	37
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40	39
41	40		spring, follower, and floor plate or end plate, to be a fully functioning large-
42	41		capacity magazine.
43	42		(b)
44	43		(1) Except as provided in subdivision (b)(2), it is an offense for a person
45	44		to possess a large-capacity magazine, regardless of the date on which the
46	45		magazine was acquired.
47	46		(2) Subdivision (b)(1) does not apply to the sale, giving, lending,
48	47		possession, importation into this state, or purchase of any large-capacity
49	48		magazine to or by any federal, state, or local law enforcement agency, for use by
50	49		agency employees in the discharge of official duties, whether on or off duty, and
51	50		where the use is authorized by the agency and is within the course and scope of
52	51		the employee's official duties.
53	52		(3) An offense under this subsection (b) is a Class B misdemeanor.
54	53		(c)
55	54		(1) Except as provided in subdivision (c)(2), it is an offense for a person
56	55		to manufacture or cause to be manufactured, import, keep for sale, or offer or
57	56		expose for sale, or to give, lend, buy, or receive a large-capacity magazine.
58	57		(2) Subdivision (c)(1) does not apply to the sale, giving, lending,
59	58		possession, importation into this state, or purchase of any large-capacity
60	59		magazine to or by any federal, state, or local law enforcement agency, for use by
61	60		agency employees in the discharge of official duties, whether on or off duty, and
62	61		where the use is authorized by the agency and is within the course and scope of
63	62		the employee's duties.
64	63		(3) An offense under this subsection (c) is a Class A misdemeanor.
65	64
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68	67
69	68		(d) A person who is not lawfully authorized to possess a large-capacity
70	69		magazine pursuant to subsections (b) and (c) shall:
71	70		(1) Remove the large-capacity magazine from this state;
72	71		(2) Sell the large-capacity magazine to a licensed firearms dealer located
73	72		out of this state; or
74	73		(3) Surrender the large-capacity magazine to a law enforcement agency
75	74		for destruction.
76	75		SECTION 4. Tennessee Code Annotated, Section 39-17-1307, is amended by deleting
77	76		subsection (g).
78	77		SECTION 5. Tennessee Code Annotated, Section 39-17-1313(a), is amended by
79	78		deleting "or who lawfully carries a handgun pursuant to § 39-17-1307(g)".
80	79		SECTION 6. Tennessee Code Annotated, Title 39, Chapter 17, Part 13, is amended by
81	80		adding the following as a new section:
82	81		(a) As used in this section:
83	82		(1) "Family member" means a spouse, parent, grandparent, sibling, child,
84	83		or grandchild, whether the relationship is by blood, marriage, or adoption; and
85	84		(2) "Gun dealer" means a person engaged in the business, as defined in
86	85		18 U.S.C. § 921, of selling, leasing, or otherwise transferring a firearm, whether
87	86		the person is a retail dealer, pawnbroker, or otherwise.
88	87		(b) A person shall not sell or transfer ownership of a firearm, or purchase or
89	88		obtain ownership of a firearm, unless one (1) of the following applies:
90	89		(1) The seller or transferor is a gun dealer;
91	90		(2) The seller or transferor makes the sale or transfer to or through a gun
92	91		dealer and obtains a receipt;
93	92
94	93
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96	95
97	96		(3) The sale or transfer of ownership of the firearm is one (1) of the
98	97		following:
99	98		(A) A firearm classified as an antique firearm under 18 U.S.C. §
100	99		921;
101	100		(B) A transfer of a firearm between gun dealers or between
102	101		wholesalers and dealers; or
103	102		(C) A transfer of any firearm to a law enforcement or military
104	103		agency;
105	104		(4) The transferor is transferring ownership of the firearm to a family
106	105		member by gift, bequest, or inheritance; the transferee is not prohibited from
107	106		possessing a firearm under this part; and the transferee is at least eighteen (18)
108	107		years of age; or
109	108		(5) The transferor is transferring ownership of the firearm with the intent
110	109		that the transfer be temporary, neither the transferor nor the transferee is
111	110		prohibited from possessing a firearm under this part, and the purpose of the
112	111		transfer is not prohibited by law.
113	112		(c) Any person who intentionally violates subsection (b) commits a Class B
114	113		misdemeanor and shall be fined not less than five hundred dollars ($500) nor more than
115	114		ten thousand dollars ($10,000) and may be imprisoned for a period not to exceed nine
116	115		(9) months. A person convicted under this section is prohibited from possessing a
117	116		firearm for a period of two (2) years.
118	117		SECTION 7. Tennessee Code Annotated, Title 39, Chapter 17, Part 13, is amended by
119	118		adding the following new sections:
120	119		39-17-1367.
121	120		(a) As used in this section:
122	121
123	122
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125	124
126	125		(1) "Extreme risk protection order" means a temporary ex parte order or a
127	126		final order granted pursuant to this section;
128	127		(2) "Petitioner" means a:
129	128		(A) Law enforcement officer or a law enforcement agency;
130	129		(B) Person who is the current or former spouse of the respondent;
131	130		(C) Person who lives or lived with the respondent;
132	131		(D) Person who is dating, has dated, or is or has been engaged in
133	132		a sexual relationship with the respondent. "Dating" and "dated" do not
134	133		include fraternization between two (2) individuals in a business or social
135	134		context;
136	135		(E) Person related to the respondent by blood or adoption; or
137	136		(F) Person who is or was related to the respondent by marriage;
138	137		and
139	138		(3) "Respondent" means the individual who is identified as the
140	139		respondent in a petition filed pursuant to this section.
141	140		(b)
142	141		(1) There is created an action known as a petition for an extreme risk
143	142		protection order.
144	143		(2) A petition for an extreme risk protection order may be filed by a
145	144		petitioner.
146	145		(3) A petition for an extreme risk protection order must be filed in the
147	146		county where the petitioner resides or the petitioner's law enforcement agency is
148	147		located, as applicable, or the county where the respondent resides.
149	148		(4) A petition for an extreme risk protection order does not require either
150	149		party to be represented by an attorney.
151	150
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154	153
155	154		(5) Notwithstanding any other law, attorney fees must not be awarded in
156	155		any proceeding under this section.
157	156		(6) A petition must:
158	157		(A) Identify the reasons why the petitioner believes that the
159	158		respondent poses a risk of causing bodily injury to the respondent's self
160	159		or others by having a firearm or any ammunition in the respondent's
161	160		custody or control or by purchasing, possessing, or receiving a firearm or
162	161		any ammunition;
163	162		(B) Identify the quantities, types, and locations of all firearms and
164	163		ammunition the petitioner believes to be in the respondent's current
165	164		ownership, possession, custody, or control;
166	165		(C) Identify whether there is a known existing protection order
167	166		governing the respondent under title 36, chapter 3, part 6 or under any
168	167		other applicable statute;
169	168		(D) Identify whether there is any other pending legal action
170	169		between the parties in any jurisdiction; and
171	170		(E) Include a physical description of the respondent and the
172	171		respondent's last known location.
173	172		(7) The petitioner must make a good faith effort to provide notice to a
174	173		family or household member of the respondent and to any known third party who
175	174		may be at risk of violence. The notice must state that the petitioner intends to
176	175		petition the court for an extreme risk protection order or has already done so and,
177	176		if the petitioner is a law enforcement officer or a law enforcement agency, must
178	177		include referrals to appropriate resources, including mental health, domestic
179	178		violence, and counseling resources. The petitioner must attest in the petition to
180	179
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183	182
184	183		having provided such notice or must attest to the steps that will be taken to
185	184		provide such notice.
186	185		(8) If the petitioner is a law enforcement officer or a law enforcement
187	186		agency, then the petitioner must list the address of record on the petition as
188	187		being where the appropriate law enforcement agency is located.
189	188		(9) A court or a public agency shall not charge fees for filing or for service
190	189		of process to a petitioner seeking relief under this section and must provide the
191	190		necessary number of certified copies, forms, and instructional brochures free of
192	191		charge.
193	192		(10) A person is not required to post a bond to obtain relief in any
194	193		proceeding under this section.
195	194		(11) The circuit courts of this state have jurisdiction over proceedings
196	195		under this section.
197	196		(c)
198	197		(1) Upon receipt of a petition, the court must order a hearing to be held
199	198		no later than fourteen (14) days after the date the petition is filed and must issue
200	199		a notice of hearing to the respondent.
201	200		(2) The clerk of the court shall cause a copy of the notice of hearing and
202	201		petition to be forwarded on or before the next business day to the appropriate law
203	202		enforcement agency for service upon the respondent as provided in subsection
204	203		(l).
205	204		(3) The court may, as provided in subsection (k), issue a temporary ex
206	205		parte extreme risk protection order pending the hearing ordered under this
207	206		subsection (c). A temporary ex parte order must be served concurrently with the
208	207		notice of hearing and petition as provided in subsection (l).
209	208
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212	211
213	212		(d) Upon notice and a hearing on the matter, if the court finds by a
214	213		preponderance of the evidence that the respondent poses a risk of causing bodily injury
215	214		to the respondent's self or others by having in the respondent's custody or control, or by
216	215		purchasing, possessing, or receiving, a firearm or any ammunition, then the court shall
217	216		issue an extreme risk protection order for an appropriate period of up to twelve (12)
218	217		months.
219	218		(e) In determining whether grounds for an extreme risk protection order exist, the
220	219		court may consider any relevant evidence, including, but not limited to, the following:
221	220		(1) A recent act or threat of violence by the respondent against the
222	221		respondent's self or others, whether or not the violence or threat of violence
223	222		involves a firearm;
224	223		(2) An act or threat of violence by the respondent within the past twelve
225	224		(12) months, including, but not limited to, an act or threat of violence by the
226	225		respondent against the respondent's self or others;
227	226		(3) Evidence of the respondent being seriously mentally ill or having
228	227		recurring mental health issues;
229	228		(4) A violation by the respondent of an order of protection issued
230	229		pursuant to title 36, chapter 3, part 6;
231	230		(5) A previous or existing extreme risk protection order issued against the
232	231		respondent;
233	232		(6) A violation of a previous or existing extreme risk protection order
234	233		issued against the respondent;
235	234		(7) Whether the respondent, in this state or any other state, has been
236	235		convicted of, had adjudication withheld on, or pled nolo contendere to a crime
237	236		involving domestic abuse as defined in § 36-3-601;
238	237
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242	241		(8) Whether the respondent has used or threatened to use, against the
243	242		respondent's self or others, any weapons;
244	243		(9) The unlawful or reckless use, display, or brandishing of a firearm by
245	244		the respondent;
246	245		(10) The recurring use of, or threat to use, physical force by the
247	246		respondent against another person or evidence of the respondent stalking
248	247		another person;
249	248		(11) Whether the respondent, in this state or any other state, has been
250	249		arrested for, convicted of, had adjudication withheld on, or pled nolo contendere
251	250		to a crime involving violence or a threat of violence;
252	251		(12) Corroborated evidence of the abuse of controlled substances or
253	252		alcohol by the respondent;
254	253		(13) Evidence of recent acquisition of firearms or ammunition by the
255	254		respondent;
256	255		(14) Any relevant information from family and household members
257	256		concerning the respondent; and
258	257		(15) Witness testimony, taken while the witness is under oath, relating to
259	258		the matter before the court.
260	259		(f) A person, including an officer of the court, who offers evidence or
261	260		recommendations relating to the petition shall:
262	261		(1) Present the evidence or recommendations in writing to the court with
263	262		copies to each party and the party's attorney, if retained; or
264	263		(2) Present the evidence under oath at a hearing at which all parties are
265	264		present.
266	265
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269	268
270	269		(g) During the hearing, the court shall consider whether a mental health
271	270		evaluation or substance abuse assessment is appropriate and may order such
272	271		evaluations if appropriate.
273	272		(h) An extreme risk protection order must include the following:
274	273		(1) A statement of the grounds supporting the issuance of the order;
275	274		(2) The date the order was issued;
276	275		(3) The date the order ends;
277	276		(4) Whether a mental health evaluation or substance abuse assessment
278	277		of the respondent is required;
279	278		(5) The address of the court in which any responsive pleading should be
280	279		filed;
281	280		(6) A description of the requirements for the surrender of all firearms and
282	281		ammunition that the respondent owns under § 39-17-1368; and
283	282		(7) The following statement:
284	283		To the subject of this protection order: This order will last until the
285	284		date noted above. If you have not done so already, you must surrender
286	285		immediately to the (insert name of local law enforcement agency) all
287	286		firearms and ammunition that you own or have in your custody, control, or
288	287		possession and any license to carry a handgun issued to you under
289	288		Tennessee Code Annotated, § 39-17-1351 or § 39-17-1366. You may
290	289		not have in your custody or control, or purchase, possess, receive, or
291	290		attempt to purchase or receive, a firearm or ammunition while this order is
292	291		in effect. You have the right to request a hearing to vacate this order,
293	292		starting after the date of the issuance of this order, and to request another
294	293
295	294
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297	296
298	297		hearing after every extension of this order, if any. You may seek the
299	298		advice of an attorney as to any matter connected with this order.
300	299		(i) If the court issues an extreme risk protection order, then the court must inform
301	300		the respondent that the respondent is entitled to request a hearing to vacate the order in
302	301		the manner provided by subsection (m). The court shall provide the respondent with a
303	302		form to request a hearing to vacate.
304	303		(j) If the court denies the petitioner's request for an extreme risk protection order,
305	304		then the court must issue a written order stating the particular reasons for the denial.
306	305		(k)
307	306		(1) A petitioner may request that a temporary ex parte extreme risk
308	307		protection order be issued before a hearing for an extreme risk protection order
309	308		and without notice to the respondent, by including in the petition detailed
310	309		allegations based on personal knowledge that the respondent poses a risk of
311	310		causing bodily injury to the respondent's self or others in the near future by
312	311		having in the respondent's custody or control, or by purchasing, possessing, or
313	312		receiving, a firearm or ammunition.
314	313		(2) In considering whether to issue a temporary ex parte extreme risk
315	314		protection order under this subsection (k), the court shall consider all relevant
316	315		evidence, including the evidence described in subsection (e).
317	316		(3) If a court finds there is reasonable cause to believe that the
318	317		respondent poses a risk of causing bodily injury to the respondent's self or others
319	318		in the near future by having in the respondent's custody or control, or by
320	319		purchasing, possessing, or receiving, a firearm or ammunition, then the court
321	320		shall issue a temporary ex parte extreme risk protection order.
322	321
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325	324
326	325		(4) The court shall hold a temporary ex parte extreme risk protection
327	326		order hearing in person or by telephone on the day the petition is filed or the next
328	327		business day.
329	328		(5) A temporary ex parte extreme risk protection order must include the
330	329		following:
331	330		(A) A statement of the grounds asserted for the order;
332	331		(B) The date the order was issued;
333	332		(C) The address of the court in which any responsive pleading
334	333		may be filed;
335	334		(D) The date and time of the scheduled hearing;
336	335		(E) A description of the requirements for the surrender of all
337	336		firearms and ammunition that the respondent owns, pursuant to § 39-17-
338	337		1368; and
339	338		(F) The following statement:
340	339		To the subject of this protection order: This order is valid
341	340		until the date noted above. You are required to surrender all
342	341		firearms and ammunition that you own or have in your custody,
343	342		control, or possession. You may not have in your custody or
344	343		control, or purchase, possess, receive, or attempt to purchase or
345	344		receive, a firearm or ammunition while this order is in effect. You
346	345		must surrender immediately to the (insert name of local law
347	346		enforcement agency) all firearms and ammunition in your custody,
348	347		control, or possession and any license to carry a handgun issued
349	348		to you under Tennessee Code Annotated, § 39-17-1351 or § 39-
350	349		17-1366. A hearing will be held on the date and at the time noted
351	350
352	351
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354	353
355	354		above to determine if an extreme risk protection order should be
356	355		issued. Failure to appear at that hearing may result in a court
357	356		issuing an order against you which is valid for one (1) year. You
358	357		may seek the advice of an attorney as to any matter connected
359	358		with this order.
360	359		(6) A temporary ex parte extreme risk protection order expires upon the
361	360		hearing on the extreme risk protection order.
362	361		(7) A temporary ex parte extreme risk protection order must be served by
363	362		a law enforcement officer in the same manner as provided for in subsection (l) for
364	363		service of the notice of hearing and petition and must be served concurrently with
365	364		the notice of hearing and petition.
366	365		(8) If the court denies the petitioner's request for a temporary ex parte
367	366		extreme risk protection order, then the court shall issue a written order stating the
368	367		particular reasons for the denial.
369	368		(l)
370	369		(1) The clerk of the court shall furnish a copy of the notice of hearing,
371	370		petition, and temporary ex parte extreme risk protection order or extreme risk
372	371		protection order, as applicable, to the sheriff of the county where the respondent
373	372		resides or can be found, who shall serve it upon the respondent as soon as
374	373		possible on any day of the week and at any time of the day or night. When
375	374		requested by the sheriff, the clerk of the court may transmit a facsimile copy of a
376	375		temporary ex parte extreme risk protection order or an extreme risk protection
377	376		order that has been certified by the clerk of the court, and this facsimile copy may
378	377		be served in the same manner as a certified copy. Upon receiving a facsimile
379	378		copy, the sheriff shall verify receipt with the sender before attempting to serve it
380	379
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383	382
384	383		upon the respondent. The clerk of the court is responsible for furnishing to the
385	384		sheriff information on the respondent's physical description and location. Service
386	385		under this subsection (l) takes precedence over the service of other documents,
387	386		unless the other documents are of a similar emergency nature.
388	387		(2) All orders issued, changed, continued, extended, or vacated after the
389	388		original service of documents pursuant to subdivision (l)(1) must be certified by
390	389		the clerk of the court and delivered to the parties at the time of the entry of the
391	390		order. The parties may acknowledge receipt of such order in writing on the face
392	391		of the original order. If a party fails or refuses to acknowledge the receipt of a
393	392		certified copy of an order, then the clerk shall note on the original order that
394	393		service was effected. If delivery at the hearing is not possible, then the clerk
395	394		shall mail certified copies of the order to the parties at the last known address of
396	395		each party. Service by mail is complete upon mailing. When an order is served
397	396		pursuant to this subdivision (l)(2), the clerk shall prepare a written certification to
398	397		be placed in the court file specifying the time, date, and method of service and
399	398		shall notify the sheriff.
400	399		(m)
401	400		(1) The respondent may submit one (1) written request for a hearing to
402	401		vacate an extreme risk protection order issued under this section, starting after
403	402		the date of the issuance of the order, and may request another hearing after
404	403		subsequent extensions of the order, if any.
405	404		(2) Upon receipt of the request for a hearing to vacate an extreme risk
406	405		protection order, the court shall set a date for a hearing. Notice of the request
407	406		and hearing must be served on the petitioner in accordance with subsection (l).
408	407
409	408
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411	410
412	411		The hearing must occur no sooner than fourteen (14) days and no later than
413	412		thirty (30) days after the date of service of the request upon the petitioner.
414	413		(3) The respondent has the burden of proving by a preponderance of the
415	414		evidence that the respondent does not pose a risk of causing bodily injury to the
416	415		respondent's self or others by having in the respondent's custody or control, or
417	416		purchasing, possessing, or receiving a firearm or ammunition. The court may
418	417		consider any relevant evidence, including the evidence described in subsection
419	418		(e).
420	419		(4) If the court finds after the hearing that the respondent has met the
421	420		burden of proof, then the court must vacate the order.
422	421		(5) The clerk of the court shall notify the law enforcement agency holding
423	422		any firearm or ammunition or handgun carry permit that has been surrendered
424	423		pursuant to § 39-17-1368 of the court order to vacate the extreme risk protection
425	424		order.
426	425		(n)
427	426		(1) The court shall notify the petitioner of the impending end of an
428	427		extreme risk protection order. Notice must be received by the petitioner at least
429	428		thirty (30) days before the date the order ends.
430	429		(2) The petitioner may, by motion, request an extension of an extreme
431	430		risk protection order at any time within thirty (30) days before the end of the
432	431		order.
433	432		(3) Upon receipt of the motion to extend, the court shall order that a
434	433		hearing be held no later than fourteen (14) days after receipt of the motion and
435	434		shall schedule such hearing; provided, that if the motion to extend is filed within
436	435		fourteen (14) days of the date the extreme risk protection order is due to expire,
437	436
438	437
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440	439
441	440		then the court shall also order a temporary extension of the extreme risk
442	441		protection order to coincide with the date of the hearing. The respondent must
443	442		be personally served in the same manner provided by subsection (l).
444	443		(4) In determining whether to extend an extreme risk protection order
445	444		issued under this section, the court may consider all relevant evidence, including
446	445		the evidence described in subsection (e).
447	446		(5) If the court finds by a preponderance of the evidence that the
448	447		requirements for issuance of an extreme risk protection order as provided in this
449	448		section continue to be met, then the court must extend the order. However, if,
450	449		after notice to the respondent, the motion for extension is uncontested and no
451	450		modification of the order is sought, then the order may be extended on the basis
452	451		of a motion or affidavit stating that there has been no material change in relevant
453	452		circumstances since entry of the order and stating the reason for the requested
454	453		extension.
455	454		(6) The court may extend an extreme risk protection order for a period
456	455		that it deems appropriate, up to twelve (12) months.
457	456		39-17-1368.
458	457		(a) Upon issuance of an extreme risk protection order pursuant to § 39-17-1367,
459	458		including a temporary ex parte extreme risk protection order, the court shall order the
460	459		respondent to surrender to the local law enforcement agency all firearms and
461	460		ammunition owned by the respondent or in the respondent's custody, control, or
462	461		possession, except as provided in § 39-17-1370, and any handgun carry permit issued
463	462		under § 39-17-1351 or § 39-17-1366, held by the respondent.
464	463		(b) The law enforcement officer serving an extreme risk protection order issued
465	464		pursuant to § 39-17-1367, including a temporary ex parte extreme risk protection order,
466	465
467	466
468	467		- 17 - 002129
469	468
470	469		shall request that the respondent immediately surrender all firearms and ammunition
471	470		owned by the respondent or in the respondent's custody, control, or possession and any
472	471		handgun carry permit issued under § 39-17-1351 or § 39-17-1366, held by the
473	472		respondent. The law enforcement officer shall take possession of all firearms and
474	473		ammunition owned by the respondent or in the respondent's custody, control, or
475	474		possession and any handgun carry permit issued under § 39-17-1351 or § 39-17-1366,
476	475		held by the respondent, which are surrendered. Alternatively, if personal service by a
477	476		law enforcement officer is not possible or is not required because the respondent was
478	477		present at the extreme risk protection order hearing, then the respondent must surrender
479	478		all firearms and ammunition owned by the respondent or in the respondent's custody,
480	479		control, or possession and any handgun carry permit issued under § 39-17-1351 or § 39-
481	480		17-1366, held by the respondent, in a safe manner to the control of the local law
482	481		enforcement agency immediately after being served with the order by service or
483	482		immediately after the hearing at which the respondent was present. A law enforcement
484	483		officer may seek a search warrant from a court of competent jurisdiction to conduct a
485	484		search for firearms or ammunition owned or held by the respondent if the officer has
486	485		probable cause to believe that there are firearms or ammunition in the respondent's
487	486		custody, control, or possession that have not been surrendered.
488	487		(c) At the time of surrender, a law enforcement officer taking possession of all
489	488		firearms or ammunition owned by the respondent or in the respondent's custody, control,
490	489		or possession, or any handgun carry permit issued under § 39-17-1351 or § 39-17-1366,
491	490		held by the respondent shall issue a receipt identifying all firearms and the quantity and
492	491		type of ammunition that have been surrendered, and any permit surrendered, and shall
493	492		provide a copy of the receipt to the respondent. Within seventy-two (72) hours after
494	493		service of the order, the law enforcement officer serving the order shall file the original
495	494
496	495
497	496		- 18 - 002129
498	497
499	498		receipt with the court and shall ensure that the officer's law enforcement agency retains
500	499		a copy of the receipt.
501	500		(d) Upon the sworn statement or testimony of any person alleging that the
502	501		respondent has failed to comply with the surrender of firearms or ammunition as
503	502		required by an order issued pursuant to § 39-17-1367, the court shall determine whether
504	503		probable cause exists to believe that the respondent has failed to surrender all firearms
505	504		or ammunition owned by the respondent or in the respondent's custody, control, or
506	505		possession. If the court finds that probable cause exists, then the court must issue a
507	506		warrant describing the firearms or ammunition owned or possessed by the respondent
508	507		and authorizing a search of the locations where the firearms or ammunition owned or
509	508		possessed by the respondent are reasonably believed to be found and the seizure of all
510	509		firearms or ammunition owned or possessed by the respondent discovered pursuant to
511	510		the search.
512	511		(e) If a person other than the respondent claims title to any firearms or
513	512		ammunition surrendered pursuant to this section and the person is determined by the
514	513		law enforcement agency to be the lawful owner of the firearm or ammunition, then the
515	514		firearm or ammunition must be returned to the person, if:
516	515		(1) The lawful owner agrees to store the firearm or ammunition in a
517	516		manner such that the respondent does not have access to or control of the
518	517		firearm or ammunition; and
519	518		(2) The firearm or ammunition is not otherwise unlawfully possessed by
520	519		the owner.
521	520		(f) Upon the issuance of an extreme risk protection order, the court shall order a
522	521		new hearing date and require the respondent to appear no later than three (3) business
523	522		days after the issuance of the order. At the hearing, the court shall require proof that the
524	523
525	524
526	525		- 19 - 002129
527	526
528	527		respondent has surrendered any firearms or ammunition owned by the respondent or in
529	528		the respondent's custody, control, or possession. The court may cancel the hearing
530	529		upon a satisfactory showing that the respondent is in compliance with the order.
531	530		(g) All law enforcement agencies shall develop policies and procedures
532	531		regarding the acceptance, storage, and return of firearms, ammunition, or licenses
533	532		required to be surrendered under this section.
534	533		39-17-1369.
535	534		(a) If an extreme risk protection order issued pursuant to § 39-17-1367 is
536	535		vacated or ends without extension, then a law enforcement agency holding a firearm or
537	536		any ammunition owned by the respondent or any handgun carry permit issued under §
538	537		39-17-1351 or § 39-17-1366, held by the respondent, that has been surrendered or
539	538		seized pursuant to an extreme risk protection order must return the surrendered firearm,
540	539		ammunition, or permit, as requested by a respondent only after confirming through a
541	540		background check that the respondent is currently eligible to own or possess firearms
542	541		and ammunition under federal and state law and after confirming with the court that the
543	542		extreme risk protection order has been vacated or has ended without extension.
544	543		(b) If an extreme risk protection order is vacated or ends without extension, then
545	544		the department of safety, if the department has suspended a handgun carry permit
546	545		issued under § 39-17-1351 or § 39-17-1366 pursuant to the entry of an extreme risk
547	546		protection order under § 39-17-1367, must reinstate the permit only after confirming that
548	547		the respondent is currently eligible to have a handgun carry permit issued under § 39-
549	548		17-1351 or § 39-17-1366.
550	549		(c) A law enforcement agency must provide notice to any family or household
551	550		members of the respondent before returning any surrendered firearm and ammunition
552	551		owned by the respondent.
553	552
554	553
555	554		- 20 - 002129
556	555
557	556		(d) Any firearm and ammunition surrendered by a respondent pursuant to § 39-
558	557		17-1368 that remains unclaimed by the lawful owner for one (1) year after an order
559	558		vacating the extreme risk protection order must be disposed of pursuant to § 39-17-
560	559		1317.
561	560		39-17-1370.
562	561		A respondent in an action pursuant to § 39-17-1367 may elect to transfer all
563	562		firearms and ammunition owned by the respondent that have been surrendered to or
564	563		seized by a local law enforcement agency pursuant to the extreme risk protection order
565	564		to another person who is willing to receive the respondent's firearms and ammunition.
566	565		The law enforcement agency shall allow such a transfer only if it is determined that the
567	566		chosen recipient:
568	567		(1) Currently is eligible to own or possess a firearm and ammunition
569	568		under federal and state law after confirmation through a background check;
570	569		(2) Attests to storing the firearms and ammunition in a manner such that
571	570		the respondent does not have access to or control of the firearms and
572	571		ammunition until the extreme risk protection order against the respondent is
573	572		vacated or ends without extension; and
574	573		(3) Attests not to transfer the firearms or ammunition back to the
575	574		respondent until the extreme risk protection order against the respondent is
576	575		vacated or ends without extension.
577	576		39-17-1371.
578	577		(a) Within twenty-four (24) hours after issuance of an order pursuant to § 39-17-
579	578		1367, the clerk of the court shall enter any extreme risk protection order or temporary ex
580	579		parte extreme risk protection order into the uniform case reporting system.
581	580
582	581
583	582		- 21 - 002129
584	583
585	584		(b) Within twenty-four (24) hours after issuance, the clerk of the court shall
586	585		forward a copy of an order issued pursuant to § 39-17-1367 to the appropriate law
587	586		enforcement agency specified in the order. Upon receipt of the copy of the order, the
588	587		law enforcement agency shall enter the order into the national crime information center
589	588		and similar state databases. The order must remain in each system for the period stated
590	589		in the order, and the law enforcement agency may only remove an order from the
591	590		systems which has ended or has been vacated. Entry of the order into the national
592	591		crime information center and similar state databases constitutes notice to all law
593	592		enforcement agencies of the existence of the order. The order is fully enforceable in any
594	593		county in this state.
595	594		(c) The issuing court shall, within three (3) business days after issuance of an
596	595		extreme risk protection order or temporary ex parte extreme risk protection order,
597	596		forward all available identifying information concerning the respondent, along with the
598	597		date of order issuance, to the department of safety. Upon receipt of the information, the
599	598		department shall determine if the respondent has a handgun carry permit issued
600	599		pursuant to § 39-17-1351 or § 39-17-1366. If the respondent does have a handgun
601	600		carry permit, then the department must immediately suspend the permit.
602	601		(d) If an extreme risk protection order is vacated before its end date, the clerk of
603	602		the court shall, on the day of the order to vacate, forward a copy of the order to the
604	603		department of safety and the appropriate law enforcement agency specified in the order
605	604		to vacate. Upon receipt of the order, the law enforcement agency shall promptly remove
606	605		the order from any computer-based system in which it was entered pursuant to
607	606		subsection (b).
608	607		39-17-1372.
609	608
610	609
611	610		- 22 - 002129
612	611
613	612		(a) A person who makes a false statement under oath in a hearing held pursuant
614	613		to § 39-17-1367 in regard to any material matter commits perjury under § 39-16-702.
615	614		(b) A person who has in the person's custody or control a firearm or any
616	615		ammunition or who purchases, possesses, or receives a firearm or any ammunition with
617	616		knowledge that the person is prohibited from doing so by an order issued pursuant to §
618	617		39-17-1367 commits a Class E felony.
619	618		39-17-1373.
620	619		The surrender of a firearm or ammunition pursuant to § 39-17-1368 does not
621	620		affect the ability of a law enforcement officer to remove a firearm or ammunition or
622	621		handgun carry permit from any person or to conduct any search and seizure for firearms
623	622		or ammunition pursuant to other lawful authority.
624	623		39-17-1374.
625	624		Except as provided in § 39-17-1372, there is no criminal or civil liability on any
626	625		person or entity for acts or omissions related to obtaining an extreme risk protection
627	626		order or temporary ex parte extreme risk protection order, including, but not limited to,
628	627		providing notice to the petitioner, a family or household member of the respondent, and
629	628		any known third party who may be at risk of violence or failure to provide such notice, or
630	629		reporting, declining to report, investigating, declining to investigate, filing, or declining to
631	630		file, a petition pursuant to § 39-17-1367.
632	631		39-17-1375.
633	632		(a)
634	633		(1) The administrative office of the courts shall develop and prepare
635	634		instructions and informational brochures, standard petitions and extreme risk
636	635		protection order forms, and a court staff handbook on the extreme risk protection
637	636		order process. The standard petition and order forms must be used after
638	637
639	638
640	639		- 23 - 002129
641	640
642	641		January 1, 2026, for all petitions filed and orders issued pursuant to § 39-17-
643	642		1367. The instructions, brochures, forms, and handbook must be prepared in
644	643		consultation with interested persons, including clerks, judges, and law
645	644		enforcement personnel. Materials must be based on best practices and must be
646	645		available online to the public.
647	646		(2) The instructions must be designed to assist petitioners in completing
648	647		the petition and must include a sample of a standard petition and order for
649	648		protection forms.
650	649		(3) The instructions and standard petition must include a means for the
651	650		petitioner to identify the firearms or ammunition the respondent may own,
652	651		possess, receive, or have in the respondent's custody or control. The
653	652		instructions must provide pictures of types of firearms and ammunition that the
654	653		petitioner may choose from to identify the relevant firearms or ammunition, or
655	654		must provide an equivalent means to allow petitioners to identify firearms or
656	655		ammunition without requiring specific or technical knowledge regarding the
657	656		firearms or ammunition.
658	657		(4) The informational brochure must describe the use of and the process
659	658		for obtaining, extending, and vacating an extreme risk protection order under §
660	659		39-17-1367 and must provide relevant forms.
661	660		(5) The extreme risk protection order form must include, in a conspicuous
662	661		location, notice of criminal penalties resulting from violation of the order and the
663	662		following statement: "You have the sole responsibility to avoid or refrain from
664	663		violating this order's provisions. Only the court can change the order and only
665	664		upon written request.".
666	665
667	666
668	667		- 24 - 002129
669	668
670	669		(6) The court staff handbook must allow for the addition of a community
671	670		resource list by the clerk of the court.
672	671		(b) A clerk of the court may create a community resource list of crisis
673	672		intervention, mental health, substance abuse, interpreter, counseling, and other relevant
674	673		resources serving the county in which the court is located. The court may make the
675	674		community resource list available as part of or in addition to the informational brochures
676	675		described in subsection (a).
677	676		(c) The administrative office of the courts shall distribute a master copy of the
678	677		petition and order forms, instructions, and informational brochures to the clerks of court.
679	678		Distribution of all documents must, at a minimum, be in an electronic format or formats
680	679		accessible to all courts and clerks of court in this state.
681	680		(d) Within ninety (90) days after receipt of the master copy from the
682	681		administrative office of the courts, the clerk of the court shall make available the
683	682		standardized forms, instructions, and informational brochures required by this section.
684	683		(e) The administrative office of the courts shall update the instructions,
685	684		brochures, standard petition and extreme risk protection order forms, and court staff
686	685		handbook as necessary, including when changes in the law make an update necessary.
687	686		SECTION 8. This act takes effect July 1, 2025, the public welfare requiring it.