HB 596 – SB 642
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
March 21, 2025
Fiscal Analyst: Natalie Dusek | Email: natalie.dusek@capitol.tn.gov | Phone: 615-741-2564
HB 596 – SB 642
SUMMARY OF BILL: Enacts the Tennessee Voluntary Do Not Sell Firearms Act.
Establishes a process whereby a person may file a voluntary waiver of firearm rights, either in person
or electronically, with the clerk of the circuit court that has the effect of prohibiting the person
executing the form from possessing or receiving a firearm while the waiver is in effect. Requires, by
the end of the business day on which the form was received, the clerk to transmit the form to the
Tennessee Bureau of Investigation (TBI). Requires, within one business day of receiving the form,
the circuit court clerk to electronically deliver the form to the TBI. Requires, within 24 hours of
receiving the form, the TBI to enter the information into the National Instant Criminal Background
Check System (NICS), and other state and federal databases used by law enforcement to identify
persons prohibited from purchasing firearms. Requires the TBI to provide the Department of Safety
(DOS) with a copy of the form within 48 hours of receiving it. Requires the DOS to revoke any
handgun permits issued to the enrollee.
Establishes a process by which a person may revoke their enrollment. Requires the TBI to remove
the person’s enrollment from the NICS and other databases in which the person’s enrollment was
entered after 21 days have passed since receiving a valid revocation form. Requires the TBI to
transmit the revocation form to the DOS, and the DOS to reinstate the person’s handgun carry
permits. Requires, in cases involving a person’s revocation of enrollment, all parties to destroy the
records related to the person’s enrollment.
Establishes that a person who knowingly makes a false statement regarding the person’s identity on
a waiver of firearm rights form or revocation form commits the offense of perjury. Requires the
TBI to notify licensed gun dealers of a person’s execution of a waiver of firearm rights as part of the
criminal background check process related to firearm purchases. Creates a Class A misdemeanor
offense for a person to sell or transfer a firearm to a person knowing that the person has executed a
waiver of firearm rights form. Creates a civil offense, punishable only by a fine of $100 or a
requirement that the person complete four hours of community service, for a person to knowingly
receive or possess a firearm when the person has executed a waiver form that has not been revoked.
Requires the TBI to develop all of the necessary forms, distribute them to all circuit court clerks, and
to make them available to the public on the TBI’s website. Requires the Administrative Office of
the Courts (AOC) to make the forms available on its website, and circuit court clerks to make the
forms available on the clerks’ websites. Authorizes the TBI to promulgate rules to effectuate the
legislation.
Effective for the purposes of developing forms and promulgating rules upon becoming a law.
Effective for all other purposes on January 1, 2026.
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FISCAL IMPACT:
STATE GOVERNMENT
EXPENDITURES General Fund
FY25-26 $50,000
Assumptions:
• It is assumed that clerks of circuit courts can accept and transmit such forms within existing
resources. Any fiscal impact to the circuit courts is estimated to be not significant.
• The NICS system is a national database that facilitates records checks on persons who may
be disqualified from receiving firearms. It is operated by the Federal Bureau of
Investigation and subjects the authorities that have access to enter information into it, such
as the TBI, to strict rules and regulations.
• The TBI contracts with a vendor for operation and maintenance of its FlexCheck system,
which is an online resource that allows law enforcement agencies, court clerks, attorneys
and the public to submit different types of data and reports electronically. The TBI would
contract further with the FlexCheck vendor to be able to accept, store, and transmit waiver
information to the NICS indices.
• In addition, the TBI will need to contract with a separate vendor to establish a new message
key that would allow local law enforcement officers to query the system.
• The increase in state expenditures to the TBI to update the FlexCheck system and develop
a new message key, as provided by the vendors and the TBI, is estimated to be $50,000 in
FY25-26.
• The TBI can absorb the additional workload and responsibilities, including training,
developing of forms, making forms available, and promulgating rules, within existing
resources.
• The DOS can accept the forms and execute any revocations or reinstatement of handgun
permits within existing resources. Any fiscal impact related to such permit revocations or
reinstatements is estimated to be not significant.
• According to DOS, any fiscal impact to the Department is estimated to be not significant.
• The AOC can make the forms available on its website within existing resources.
• It is assumed that licensed firearm dealers will comply with the prohibition on selling or
transferring a firearm to an individual who has executed a waiver of such rights.
• Perjury is a Class A misdemeanor offense.
• There is not estimated to be a significant number of additional Class A misdemeanor
convictions for perjury or violations of the legislation’s requirements and prohibitions. Any
increase in expenditures to local governments related to incarceration is estimated to be not
significant.
• Based on the Fiscal Review Committee’s 2008 study and the Administrative Office of the
Courts’ 2012 study on collection of court costs, fees, and fines, collection in criminal cases
is insignificant; therefore, any increase in local revenue from fines is estimated to be not
significant.
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CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director