SENATE BILL 500
By Kyle
HOUSE BILL 430
By Jones J
HB0430
002129
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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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. This act is known and may be cited as the "Protect Kids Not Guns Act."
SECTION 2. Tennessee Code Annotated, Title 39, Chapter 17, Part 13, is amended by
adding the following as a new section:
(a) It is an offense to store or keep a firearm in any place unless the firearm is
secured in a locked container or equipped with a tamper-resistant mechanical lock or
other safety device that is properly engaged so as to render the firearm inoperable by
any person other than the owner or another lawfully authorized user.
(b) A violation of subsection (a) is a Class A misdemeanor.
(c) This section does not apply to a firearm that is carried by or under the control
of the owner or other lawfully authorized user.
SECTION 3. Tennessee Code Annotated, Title 39, Chapter 17, Part 13, is amended by
adding the following as a new section:
(a) As used in this section:
(1) "Large-capacity magazine" means an ammunition feeding device with
capacity to accept more than ten (10) rounds; and
(2) "Manufacturing" includes both fabricating a magazine and assembling
a magazine from a combination of parts, including, but not limited to, the body,
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spring, follower, and floor plate or end plate, to be a fully functioning large-
capacity magazine.
(b)
(1) Except as provided in subdivision (b)(2), it is an offense for a person
to possess a large-capacity magazine, regardless of the date on which the
magazine was acquired.
(2) Subdivision (b)(1) does not apply to the sale, giving, lending,
possession, importation into this state, or purchase of any large-capacity
magazine to or by any federal, state, or local law enforcement agency, for use by
agency employees in the discharge of official duties, whether on or off duty, and
where the use is authorized by the agency and is within the course and scope of
the employee's official duties.
(3) An offense under this subsection (b) is a Class B misdemeanor.
(c)
(1) Except as provided in subdivision (c)(2), it is an offense for a person
to manufacture or cause to be manufactured, import, keep for sale, or offer or
expose for sale, or to give, lend, buy, or receive a large-capacity magazine.
(2) Subdivision (c)(1) does not apply to the sale, giving, lending,
possession, importation into this state, or purchase of any large-capacity
magazine to or by any federal, state, or local law enforcement agency, for use by
agency employees in the discharge of official duties, whether on or off duty, and
where the use is authorized by the agency and is within the course and scope of
the employee's duties.
(3) An offense under this subsection (c) is a Class A misdemeanor.
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(d) A person who is not lawfully authorized to possess a large-capacity
magazine pursuant to subsections (b) and (c) shall:
(1) Remove the large-capacity magazine from this state;
(2) Sell the large-capacity magazine to a licensed firearms dealer located
out of this state; or
(3) Surrender the large-capacity magazine to a law enforcement agency
for destruction.
SECTION 4. Tennessee Code Annotated, Section 39-17-1307, is amended by deleting
subsection (g).
SECTION 5. Tennessee Code Annotated, Section 39-17-1313(a), is amended by
deleting "or who lawfully carries a handgun pursuant to § 39-17-1307(g)".
SECTION 6. Tennessee Code Annotated, Title 39, Chapter 17, Part 13, is amended by
adding the following as a new section:
(a) As used in this section:
(1) "Family member" means a spouse, parent, grandparent, sibling, child,
or grandchild, whether the relationship is by blood, marriage, or adoption; and
(2) "Gun dealer" means a person engaged in the business, as defined in
18 U.S.C. § 921, of selling, leasing, or otherwise transferring a firearm, whether
the person is a retail dealer, pawnbroker, or otherwise.
(b) A person shall not sell or transfer ownership of a firearm, or purchase or
obtain ownership of a firearm, unless one (1) of the following applies:
(1) The seller or transferor is a gun dealer;
(2) The seller or transferor makes the sale or transfer to or through a gun
dealer and obtains a receipt;
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(3) The sale or transfer of ownership of the firearm is one (1) of the
following:
(A) A firearm classified as an antique firearm under 18 U.S.C. §
921;
(B) A transfer of a firearm between gun dealers or between
wholesalers and dealers; or
(C) A transfer of any firearm to a law enforcement or military
agency;
(4) The transferor is transferring ownership of the firearm to a family
member by gift, bequest, or inheritance; the transferee is not prohibited from
possessing a firearm under this part; and the transferee is at least eighteen (18)
years of age; or
(5) The transferor is transferring ownership of the firearm with the intent
that the transfer be temporary, neither the transferor nor the transferee is
prohibited from possessing a firearm under this part, and the purpose of the
transfer is not prohibited by law.
(c) Any person who intentionally violates subsection (b) commits a Class B
misdemeanor and shall be fined not less than five hundred dollars ($500) nor more than
ten thousand dollars ($10,000) and may be imprisoned for a period not to exceed nine
(9) months. A person convicted under this section is prohibited from possessing a
firearm for a period of two (2) years.
SECTION 7. Tennessee Code Annotated, Title 39, Chapter 17, Part 13, is amended by
adding the following new sections:
39-17-1367.
(a) As used in this section:
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(1) "Extreme risk protection order" means a temporary ex parte order or a
final order granted pursuant to this section;
(2) "Petitioner" means a:
(A) Law enforcement officer or a law enforcement agency;
(B) Person who is the current or former spouse of the respondent;
(C) Person who lives or lived with the respondent;
(D) Person who is dating, has dated, or is or has been engaged in
a sexual relationship with the respondent. "Dating" and "dated" do not
include fraternization between two (2) individuals in a business or social
context;
(E) Person related to the respondent by blood or adoption; or
(F) Person who is or was related to the respondent by marriage;
and
(3) "Respondent" means the individual who is identified as the
respondent in a petition filed pursuant to this section.
(b)
(1) There is created an action known as a petition for an extreme risk
protection order.
(2) A petition for an extreme risk protection order may be filed by a
petitioner.
(3) A petition for an extreme risk protection order must be filed in the
county where the petitioner resides or the petitioner's law enforcement agency is
located, as applicable, or the county where the respondent resides.
(4) A petition for an extreme risk protection order does not require either
party to be represented by an attorney.
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(5) Notwithstanding any other law, attorney fees must not be awarded in
any proceeding under this section.
(6) A petition must:
(A) Identify the reasons why the petitioner believes that the
respondent poses a risk of causing bodily injury to the respondent's self
or others by having a firearm or any ammunition in the respondent's
custody or control or by purchasing, possessing, or receiving a firearm or
any ammunition;
(B) Identify the quantities, types, and locations of all firearms and
ammunition the petitioner believes to be in the respondent's current
ownership, possession, custody, or control;
(C) Identify whether there is a known existing protection order
governing the respondent under title 36, chapter 3, part 6 or under any
other applicable statute;
(D) Identify whether there is any other pending legal action
between the parties in any jurisdiction; and
(E) Include a physical description of the respondent and the
respondent's last known location.
(7) The petitioner must make a good faith effort to provide notice to a
family or household member of the respondent and to any known third party who
may be at risk of violence. The notice must state that the petitioner intends to
petition the court for an extreme risk protection order or has already done so and,
if the petitioner is a law enforcement officer or a law enforcement agency, must
include referrals to appropriate resources, including mental health, domestic
violence, and counseling resources. The petitioner must attest in the petition to
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having provided such notice or must attest to the steps that will be taken to
provide such notice.
(8) If the petitioner is a law enforcement officer or a law enforcement
agency, then the petitioner must list the address of record on the petition as
being where the appropriate law enforcement agency is located.
(9) A court or a public agency shall not charge fees for filing or for service
of process to a petitioner seeking relief under this section and must provide the
necessary number of certified copies, forms, and instructional brochures free of
charge.
(10) A person is not required to post a bond to obtain relief in any
proceeding under this section.
(11) The circuit courts of this state have jurisdiction over proceedings
under this section.
(c)
(1) Upon receipt of a petition, the court must order a hearing to be held
no later than fourteen (14) days after the date the petition is filed and must issue
a notice of hearing to the respondent.
(2) The clerk of the court shall cause a copy of the notice of hearing and
petition to be forwarded on or before the next business day to the appropriate law
enforcement agency for service upon the respondent as provided in subsection
(l).
(3) The court may, as provided in subsection (k), issue a temporary ex
parte extreme risk protection order pending the hearing ordered under this
subsection (c). A temporary ex parte order must be served concurrently with the
notice of hearing and petition as provided in subsection (l).
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(d) Upon notice and a hearing on the matter, if the court finds by a
preponderance of the evidence that the respondent poses a risk of causing bodily injury
to the respondent's self or others by having in the respondent's custody or control, or by
purchasing, possessing, or receiving, a firearm or any ammunition, then the court shall
issue an extreme risk protection order for an appropriate period of up to twelve (12)
months.
(e) In determining whether grounds for an extreme risk protection order exist, the
court may consider any relevant evidence, including, but not limited to, the following:
(1) A recent act or threat of violence by the respondent against the
respondent's self or others, whether or not the violence or threat of violence
involves a firearm;
(2) An act or threat of violence by the respondent within the past twelve
(12) months, including, but not limited to, an act or threat of violence by the
respondent against the respondent's self or others;
(3) Evidence of the respondent being seriously mentally ill or having
recurring mental health issues;
(4) A violation by the respondent of an order of protection issued
pursuant to title 36, chapter 3, part 6;
(5) A previous or existing extreme risk protection order issued against the
respondent;
(6) A violation of a previous or existing extreme risk protection order
issued against the respondent;
(7) Whether the respondent, in this state or any other state, has been
convicted of, had adjudication withheld on, or pled nolo contendere to a crime
involving domestic abuse as defined in § 36-3-601;
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(8) Whether the respondent has used or threatened to use, against the
respondent's self or others, any weapons;
(9) The unlawful or reckless use, display, or brandishing of a firearm by
the respondent;
(10) The recurring use of, or threat to use, physical force by the
respondent against another person or evidence of the respondent stalking
another person;
(11) Whether the respondent, in this state or any other state, has been
arrested for, convicted of, had adjudication withheld on, or pled nolo contendere
to a crime involving violence or a threat of violence;
(12) Corroborated evidence of the abuse of controlled substances or
alcohol by the respondent;
(13) Evidence of recent acquisition of firearms or ammunition by the
respondent;
(14) Any relevant information from family and household members
concerning the respondent; and
(15) Witness testimony, taken while the witness is under oath, relating to
the matter before the court.
(f) A person, including an officer of the court, who offers evidence or
recommendations relating to the petition shall:
(1) Present the evidence or recommendations in writing to the court with
copies to each party and the party's attorney, if retained; or
(2) Present the evidence under oath at a hearing at which all parties are
present.
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(g) During the hearing, the court shall consider whether a mental health
evaluation or substance abuse assessment is appropriate and may order such
evaluations if appropriate.
(h) An extreme risk protection order must include the following:
(1) A statement of the grounds supporting the issuance of the order;
(2) The date the order was issued;
(3) The date the order ends;
(4) Whether a mental health evaluation or substance abuse assessment
of the respondent is required;
(5) The address of the court in which any responsive pleading should be
filed;
(6) A description of the requirements for the surrender of all firearms and
ammunition that the respondent owns under § 39-17-1368; and
(7) The following statement:
To the subject of this protection order: This order will last until the
date noted above. If you have not done so already, you must surrender
immediately to the (insert name of local law enforcement agency) all
firearms and ammunition that you own or have in your custody, control, or
possession and any license to carry a handgun issued to you under
Tennessee Code Annotated, § 39-17-1351 or § 39-17-1366. You may
not have in your custody or control, or purchase, possess, receive, or
attempt to purchase or receive, a firearm or ammunition while this order is
in effect. You have the right to request a hearing to vacate this order,
starting after the date of the issuance of this order, and to request another
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hearing after every extension of this order, if any. You may seek the
advice of an attorney as to any matter connected with this order.
(i) If the court issues an extreme risk protection order, then the court must inform
the respondent that the respondent is entitled to request a hearing to vacate the order in
the manner provided by subsection (m). The court shall provide the respondent with a
form to request a hearing to vacate.
(j) If the court denies the petitioner's request for an extreme risk protection order,
then the court must issue a written order stating the particular reasons for the denial.
(k)
(1) A petitioner may request that a temporary ex parte extreme risk
protection order be issued before a hearing for an extreme risk protection order
and without notice to the respondent, by including in the petition detailed
allegations based on personal knowledge that the respondent poses a risk of
causing bodily injury to the respondent's self or others in the near future by
having in the respondent's custody or control, or by purchasing, possessing, or
receiving, a firearm or ammunition.
(2) In considering whether to issue a temporary ex parte extreme risk
protection order under this subsection (k), the court shall consider all relevant
evidence, including the evidence described in subsection (e).
(3) If a court finds there is reasonable cause to believe that the
respondent poses a risk of causing bodily injury to the respondent's self or others
in the near future by having in the respondent's custody or control, or by
purchasing, possessing, or receiving, a firearm or ammunition, then the court
shall issue a temporary ex parte extreme risk protection order.
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(4) The court shall hold a temporary ex parte extreme risk protection
order hearing in person or by telephone on the day the petition is filed or the next
business day.
(5) A temporary ex parte extreme risk protection order must include the
following:
(A) A statement of the grounds asserted for the order;
(B) The date the order was issued;
(C) The address of the court in which any responsive pleading
may be filed;
(D) The date and time of the scheduled hearing;
(E) A description of the requirements for the surrender of all
firearms and ammunition that the respondent owns, pursuant to § 39-17-
1368; and
(F) The following statement:
To the subject of this protection order: This order is valid
until the date noted above. You are required to surrender all
firearms and ammunition that you own or have in your custody,
control, or possession. You may not have in your custody or
control, or purchase, possess, receive, or attempt to purchase or
receive, a firearm or ammunition while this order is in effect. You
must surrender immediately to the (insert name of local law
enforcement agency) all firearms and ammunition in your custody,
control, or possession and any license to carry a handgun issued
to you under Tennessee Code Annotated, § 39-17-1351 or § 39-
17-1366. A hearing will be held on the date and at the time noted
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above to determine if an extreme risk protection order should be
issued. Failure to appear at that hearing may result in a court
issuing an order against you which is valid for one (1) year. You
may seek the advice of an attorney as to any matter connected
with this order.
(6) A temporary ex parte extreme risk protection order expires upon the
hearing on the extreme risk protection order.
(7) A temporary ex parte extreme risk protection order must be served by
a law enforcement officer in the same manner as provided for in subsection (l) for
service of the notice of hearing and petition and must be served concurrently with
the notice of hearing and petition.
(8) If the court denies the petitioner's request for a temporary ex parte
extreme risk protection order, then the court shall issue a written order stating the
particular reasons for the denial.
(l)
(1) The clerk of the court shall furnish a copy of the notice of hearing,
petition, and temporary ex parte extreme risk protection order or extreme risk
protection order, as applicable, to the sheriff of the county where the respondent
resides or can be found, who shall serve it upon the respondent as soon as
possible on any day of the week and at any time of the day or night. When
requested by the sheriff, the clerk of the court may transmit a facsimile copy of a
temporary ex parte extreme risk protection order or an extreme risk protection
order that has been certified by the clerk of the court, and this facsimile copy may
be served in the same manner as a certified copy. Upon receiving a facsimile
copy, the sheriff shall verify receipt with the sender before attempting to serve it
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upon the respondent. The clerk of the court is responsible for furnishing to the
sheriff information on the respondent's physical description and location. Service
under this subsection (l) takes precedence over the service of other documents,
unless the other documents are of a similar emergency nature.
(2) All orders issued, changed, continued, extended, or vacated after the
original service of documents pursuant to subdivision (l)(1) must be certified by
the clerk of the court and delivered to the parties at the time of the entry of the
order. The parties may acknowledge receipt of such order in writing on the face
of the original order. If a party fails or refuses to acknowledge the receipt of a
certified copy of an order, then the clerk shall note on the original order that
service was effected. If delivery at the hearing is not possible, then the clerk
shall mail certified copies of the order to the parties at the last known address of
each party. Service by mail is complete upon mailing. When an order is served
pursuant to this subdivision (l)(2), the clerk shall prepare a written certification to
be placed in the court file specifying the time, date, and method of service and
shall notify the sheriff.
(m)
(1) The respondent may submit one (1) written request for a hearing to
vacate an extreme risk protection order issued under this section, starting after
the date of the issuance of the order, and may request another hearing after
subsequent extensions of the order, if any.
(2) Upon receipt of the request for a hearing to vacate an extreme risk
protection order, the court shall set a date for a hearing. Notice of the request
and hearing must be served on the petitioner in accordance with subsection (l).
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The hearing must occur no sooner than fourteen (14) days and no later than
thirty (30) days after the date of service of the request upon the petitioner.
(3) The respondent has the burden of proving by a preponderance of the
evidence that the respondent does not pose a risk of causing bodily injury to the
respondent's self or others by having in the respondent's custody or control, or
purchasing, possessing, or receiving a firearm or ammunition. The court may
consider any relevant evidence, including the evidence described in subsection
(e).
(4) If the court finds after the hearing that the respondent has met the
burden of proof, then the court must vacate the order.
(5) The clerk of the court shall notify the law enforcement agency holding
any firearm or ammunition or handgun carry permit that has been surrendered
pursuant to § 39-17-1368 of the court order to vacate the extreme risk protection
order.
(n)
(1) The court shall notify the petitioner of the impending end of an
extreme risk protection order. Notice must be received by the petitioner at least
thirty (30) days before the date the order ends.
(2) The petitioner may, by motion, request an extension of an extreme
risk protection order at any time within thirty (30) days before the end of the
order.
(3) Upon receipt of the motion to extend, the court shall order that a
hearing be held no later than fourteen (14) days after receipt of the motion and
shall schedule such hearing; provided, that if the motion to extend is filed within
fourteen (14) days of the date the extreme risk protection order is due to expire,
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then the court shall also order a temporary extension of the extreme risk
protection order to coincide with the date of the hearing. The respondent must
be personally served in the same manner provided by subsection (l).
(4) In determining whether to extend an extreme risk protection order
issued under this section, the court may consider all relevant evidence, including
the evidence described in subsection (e).
(5) If the court finds by a preponderance of the evidence that the
requirements for issuance of an extreme risk protection order as provided in this
section continue to be met, then the court must extend the order. However, if,
after notice to the respondent, the motion for extension is uncontested and no
modification of the order is sought, then the order may be extended on the basis
of a motion or affidavit stating that there has been no material change in relevant
circumstances since entry of the order and stating the reason for the requested
extension.
(6) The court may extend an extreme risk protection order for a period
that it deems appropriate, up to twelve (12) months.
39-17-1368.
(a) Upon issuance of an extreme risk protection order pursuant to § 39-17-1367,
including a temporary ex parte extreme risk protection order, the court shall order the
respondent to surrender to the local law enforcement agency all firearms and
ammunition owned by the respondent or in the respondent's custody, control, or
possession, except as provided in § 39-17-1370, and any handgun carry permit issued
under § 39-17-1351 or § 39-17-1366, held by the respondent.
(b) The law enforcement officer serving an extreme risk protection order issued
pursuant to § 39-17-1367, including a temporary ex parte extreme risk protection order,
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shall request that the respondent immediately surrender all firearms and ammunition
owned by the respondent or in the respondent's custody, control, or possession and any
handgun carry permit issued under § 39-17-1351 or § 39-17-1366, held by the
respondent. The law enforcement officer shall take possession of all firearms and
ammunition owned by the respondent or in the respondent's custody, control, or
possession and any handgun carry permit issued under § 39-17-1351 or § 39-17-1366,
held by the respondent, which are surrendered. Alternatively, if personal service by a
law enforcement officer is not possible or is not required because the respondent was
present at the extreme risk protection order hearing, then the respondent must surrender
all firearms and ammunition owned by the respondent or in the respondent's custody,
control, or possession and any handgun carry permit issued under § 39-17-1351 or § 39-
17-1366, held by the respondent, in a safe manner to the control of the local law
enforcement agency immediately after being served with the order by service or
immediately after the hearing at which the respondent was present. A law enforcement
officer may seek a search warrant from a court of competent jurisdiction to conduct a
search for firearms or ammunition owned or held by the respondent if the officer has
probable cause to believe that there are firearms or ammunition in the respondent's
custody, control, or possession that have not been surrendered.
(c) At the time of surrender, a law enforcement officer taking possession of all
firearms or ammunition owned by the respondent or in the respondent's custody, control,
or possession, or any handgun carry permit issued under § 39-17-1351 or § 39-17-1366,
held by the respondent shall issue a receipt identifying all firearms and the quantity and
type of ammunition that have been surrendered, and any permit surrendered, and shall
provide a copy of the receipt to the respondent. Within seventy-two (72) hours after
service of the order, the law enforcement officer serving the order shall file the original
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receipt with the court and shall ensure that the officer's law enforcement agency retains
a copy of the receipt.
(d) Upon the sworn statement or testimony of any person alleging that the
respondent has failed to comply with the surrender of firearms or ammunition as
required by an order issued pursuant to § 39-17-1367, the court shall determine whether
probable cause exists to believe that the respondent has failed to surrender all firearms
or ammunition owned by the respondent or in the respondent's custody, control, or
possession. If the court finds that probable cause exists, then the court must issue a
warrant describing the firearms or ammunition owned or possessed by the respondent
and authorizing a search of the locations where the firearms or ammunition owned or
possessed by the respondent are reasonably believed to be found and the seizure of all
firearms or ammunition owned or possessed by the respondent discovered pursuant to
the search.
(e) If a person other than the respondent claims title to any firearms or
ammunition surrendered pursuant to this section and the person is determined by the
law enforcement agency to be the lawful owner of the firearm or ammunition, then the
firearm or ammunition must be returned to the person, if:
(1) The lawful owner agrees to store the firearm or ammunition in a
manner such that the respondent does not have access to or control of the
firearm or ammunition; and
(2) The firearm or ammunition is not otherwise unlawfully possessed by
the owner.
(f) Upon the issuance of an extreme risk protection order, the court shall order a
new hearing date and require the respondent to appear no later than three (3) business
days after the issuance of the order. At the hearing, the court shall require proof that the
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respondent has surrendered any firearms or ammunition owned by the respondent or in
the respondent's custody, control, or possession. The court may cancel the hearing
upon a satisfactory showing that the respondent is in compliance with the order.
(g) All law enforcement agencies shall develop policies and procedures
regarding the acceptance, storage, and return of firearms, ammunition, or licenses
required to be surrendered under this section.
39-17-1369.
(a) If an extreme risk protection order issued pursuant to § 39-17-1367 is
vacated or ends without extension, then a law enforcement agency holding a firearm or
any ammunition owned by the respondent or any handgun carry permit issued under §
39-17-1351 or § 39-17-1366, held by the respondent, that has been surrendered or
seized pursuant to an extreme risk protection order must return the surrendered firearm,
ammunition, or permit, as requested by a respondent only after confirming through a
background check that the respondent is currently eligible to own or possess firearms
and ammunition under federal and state law and after confirming with the court that the
extreme risk protection order has been vacated or has ended without extension.
(b) If an extreme risk protection order is vacated or ends without extension, then
the department of safety, if the department has suspended a handgun carry permit
issued under § 39-17-1351 or § 39-17-1366 pursuant to the entry of an extreme risk
protection order under § 39-17-1367, must reinstate the permit only after confirming that
the respondent is currently eligible to have a handgun carry permit issued under § 39-
17-1351 or § 39-17-1366.
(c) A law enforcement agency must provide notice to any family or household
members of the respondent before returning any surrendered firearm and ammunition
owned by the respondent.
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(d) Any firearm and ammunition surrendered by a respondent pursuant to § 39-
17-1368 that remains unclaimed by the lawful owner for one (1) year after an order
vacating the extreme risk protection order must be disposed of pursuant to § 39-17-
1317.
39-17-1370.
A respondent in an action pursuant to § 39-17-1367 may elect to transfer all
firearms and ammunition owned by the respondent that have been surrendered to or
seized by a local law enforcement agency pursuant to the extreme risk protection order
to another person who is willing to receive the respondent's firearms and ammunition.
The law enforcement agency shall allow such a transfer only if it is determined that the
chosen recipient:
(1) Currently is eligible to own or possess a firearm and ammunition
under federal and state law after confirmation through a background check;
(2) Attests to storing the firearms and ammunition in a manner such that
the respondent does not have access to or control of the firearms and
ammunition until the extreme risk protection order against the respondent is
vacated or ends without extension; and
(3) Attests not to transfer the firearms or ammunition back to the
respondent until the extreme risk protection order against the respondent is
vacated or ends without extension.
39-17-1371.
(a) Within twenty-four (24) hours after issuance of an order pursuant to § 39-17-
1367, the clerk of the court shall enter any extreme risk protection order or temporary ex
parte extreme risk protection order into the uniform case reporting system.
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(b) Within twenty-four (24) hours after issuance, the clerk of the court shall
forward a copy of an order issued pursuant to § 39-17-1367 to the appropriate law
enforcement agency specified in the order. Upon receipt of the copy of the order, the
law enforcement agency shall enter the order into the national crime information center
and similar state databases. The order must remain in each system for the period stated
in the order, and the law enforcement agency may only remove an order from the
systems which has ended or has been vacated. Entry of the order into the national
crime information center and similar state databases constitutes notice to all law
enforcement agencies of the existence of the order. The order is fully enforceable in any
county in this state.
(c) The issuing court shall, within three (3) business days after issuance of an
extreme risk protection order or temporary ex parte extreme risk protection order,
forward all available identifying information concerning the respondent, along with the
date of order issuance, to the department of safety. Upon receipt of the information, the
department shall determine if the respondent has a handgun carry permit issued
pursuant to § 39-17-1351 or § 39-17-1366. If the respondent does have a handgun
carry permit, then the department must immediately suspend the permit.
(d) If an extreme risk protection order is vacated before its end date, the clerk of
the court shall, on the day of the order to vacate, forward a copy of the order to the
department of safety and the appropriate law enforcement agency specified in the order
to vacate. Upon receipt of the order, the law enforcement agency shall promptly remove
the order from any computer-based system in which it was entered pursuant to
subsection (b).
39-17-1372.
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(a) A person who makes a false statement under oath in a hearing held pursuant
to § 39-17-1367 in regard to any material matter commits perjury under § 39-16-702.
(b) A person who has in the person's custody or control a firearm or any
ammunition or who purchases, possesses, or receives a firearm or any ammunition with
knowledge that the person is prohibited from doing so by an order issued pursuant to §
39-17-1367 commits a Class E felony.
39-17-1373.
The surrender of a firearm or ammunition pursuant to § 39-17-1368 does not
affect the ability of a law enforcement officer to remove a firearm or ammunition or
handgun carry permit from any person or to conduct any search and seizure for firearms
or ammunition pursuant to other lawful authority.
39-17-1374.
Except as provided in § 39-17-1372, there is no criminal or civil liability on any
person or entity for acts or omissions related to obtaining an extreme risk protection
order or temporary ex parte extreme risk protection order, including, but not limited to,
providing notice to the petitioner, a family or household member of the respondent, and
any known third party who may be at risk of violence or failure to provide such notice, or
reporting, declining to report, investigating, declining to investigate, filing, or declining to
file, a petition pursuant to § 39-17-1367.
39-17-1375.
(a)
(1) The administrative office of the courts shall develop and prepare
instructions and informational brochures, standard petitions and extreme risk
protection order forms, and a court staff handbook on the extreme risk protection
order process. The standard petition and order forms must be used after
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January 1, 2026, for all petitions filed and orders issued pursuant to § 39-17-
1367. The instructions, brochures, forms, and handbook must be prepared in
consultation with interested persons, including clerks, judges, and law
enforcement personnel. Materials must be based on best practices and must be
available online to the public.
(2) The instructions must be designed to assist petitioners in completing
the petition and must include a sample of a standard petition and order for
protection forms.
(3) The instructions and standard petition must include a means for the
petitioner to identify the firearms or ammunition the respondent may own,
possess, receive, or have in the respondent's custody or control. The
instructions must provide pictures of types of firearms and ammunition that the
petitioner may choose from to identify the relevant firearms or ammunition, or
must provide an equivalent means to allow petitioners to identify firearms or
ammunition without requiring specific or technical knowledge regarding the
firearms or ammunition.
(4) The informational brochure must describe the use of and the process
for obtaining, extending, and vacating an extreme risk protection order under §
39-17-1367 and must provide relevant forms.
(5) The extreme risk protection order form must include, in a conspicuous
location, notice of criminal penalties resulting from violation of the order and the
following statement: "You have the sole responsibility to avoid or refrain from
violating this order's provisions. Only the court can change the order and only
upon written request.".
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(6) The court staff handbook must allow for the addition of a community
resource list by the clerk of the court.
(b) A clerk of the court may create a community resource list of crisis
intervention, mental health, substance abuse, interpreter, counseling, and other relevant
resources serving the county in which the court is located. The court may make the
community resource list available as part of or in addition to the informational brochures
described in subsection (a).
(c) The administrative office of the courts shall distribute a master copy of the
petition and order forms, instructions, and informational brochures to the clerks of court.
Distribution of all documents must, at a minimum, be in an electronic format or formats
accessible to all courts and clerks of court in this state.
(d) Within ninety (90) days after receipt of the master copy from the
administrative office of the courts, the clerk of the court shall make available the
standardized forms, instructions, and informational brochures required by this section.
(e) The administrative office of the courts shall update the instructions,
brochures, standard petition and extreme risk protection order forms, and court staff
handbook as necessary, including when changes in the law make an update necessary.
SECTION 8. This act takes effect July 1, 2025, the public welfare requiring it.