Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0596 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2		-	SENATE BILL 642
3		-	By Campbell
	2	+	<BillNo> <Sponsor>
4	3
5	4		HOUSE BILL 596
6	5		By Freeman
7	6
8	7
9	8		HB0596
10	9		000985
11	10		- 1 -
12	11
13	12		AN ACT to amend Tennessee Code Annotated, Title 4,
14	13		Chapter 3; Section 10-7-504 and Title 39, Chapter
15	14		17, Part 13, relative to the "Tennessee Voluntary
16	15		Do Not Sell Firearms Act."
17	16
18	17		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
19	18		SECTION 1. Tennessee Code Annotated, Title 39, Chapter 17, Part 13, is amended by
20	19		adding the following as a new section:
21	20		39-17-1330.
22	21		(a) This section is known and may be cited as the "Tennessee Voluntary Do Not
23	22		Sell Firearms Act."
24	23		(b) A person may file a voluntary waiver of firearm rights form, either in person or
25	24		electronically, with the clerk of the circuit court in the county of the person's residence,
26	25		which has the effect of prohibiting the person executing the form from possessing or
27	26		receiving a firearm while the waiver is in effect. The clerk shall request a physical or
28	27		scanned copy of valid government-issued photo identification to verify the person's
29	28		identity prior to accepting the form. By the end of the business day on which the form
30	29		was received, the clerk shall transmit the accepted form to the Tennessee bureau of
31	30		investigation (TBI). The TBI shall provide the department of safety with a copy of the
32	31		enrollment form within forty-eight (48) hours of receiving a form. If the person has a
33	32		handgun carry permit issued pursuant to § 39-17-1351 or § 39-17-1366, then the
34	33		department of safety shall suspend the person's permit.
35	34		(c) The TBI shall enter the voluntary waiver of firearm rights form into the
36	35		national instant criminal background check system and other federal or state computer-
37	36
38	37
39	38		- 2 - 000985
40	39
41	40		based systems used by law enforcement agencies to identify prohibited purchasers of
42	41		firearms within twenty-four (24) hours of receipt of the form.
43	42		(d) No sooner than seven (7) calendar days after filing a voluntary waiver of
44	43		firearm rights form, the person may file a revocation of the voluntary waiver of firearm
45	44		rights form, either in writing or electronically, with the clerk of any circuit court, which has
46	45		the effect of permitting the person executing the form to possess or receive a firearm
47	46		after the TBI has completed processing the revocation form and twenty-one (21)
48	47		calendar days have passed since the TBI's receipt of the revocation form, unless the
49	48		person is otherwise ineligible to purchase or possess a firearm under federal or state
50	49		law. The clerk shall request a physical or scanned copy of valid government-issued
51	50		photo identification to verify the person's identity prior to accepting the revocation form.
52	51		By the end of the business day on which the revocation form was received, the clerk
53	52		shall transmit the revocation form to the TBI and destroy all records related to the
54	53		person's voluntary waiver of firearm rights form and revocation of voluntary waiver of
55	54		firearm rights form. Twenty-one (21) calendar days after receiving a revocation of
56	55		voluntary waiver of firearm rights form, the TBI shall remove the person from the national
57	56		instant criminal background check system and other federal or state computer-based
58	57		systems used by law enforcement to identify prohibited purchasers of firearms in which
59	58		the person's voluntary waiver of firearm rights form was entered, unless the person is
60	59		otherwise ineligible to purchase or possess a firearm under federal or state law. The TBI
61	60		shall destroy all records related to the person's voluntary waiver of firearm rights and
62	61		revocation of voluntary waiver of firearm rights after removing the person from the
63	62		national instant criminal background check system and other federal or state
64	63		computerbased systems. The TBI shall provide the department of safety with a copy of
65	64		the revocation form within forty-eight (48) hours of receiving the revocation form. If the
66	65
67	66
68	67		- 3 - 000985
69	68
70	69		person is a handgun carry permit holder pursuant to § 39-17-1351 or § 39-17-1366, then
71	70		the department of safety shall reinstate the person's permit to carry, unless the person is
72	71		otherwise ineligible to obtain a permit under state law. The department of safety shall
73	72		destroy all records related to the person's enrollment on the voluntary do not sell list after
74	73		reinstating the person's permit to carry.
75	74		(e) A person who knowingly makes a false statement regarding the person's
76	75		identity on a voluntary waiver of firearm rights form or a revocation of voluntary waiver of
77	76		firearm rights form commits the offense of perjury under § 39-16-702.
78	77		(f) A voluntary waiver of firearm rights form and a revocation of voluntary waiver
79	78		of firearm rights form must not be considered by a court in a legal proceeding in which
80	79		the person executing the form is a party, except a criminal prosecution under subsection
81	80		(e) or § 39-17-1316(q)(4).
82	81		(g) Records obtained and produced under this section are confidential and are
83	82		not an open record pursuant to title 10, chapter 7, except that such information may be
84	83		disclosed to a law enforcement officer acting in the performance of the officer's official
85	84		duties, in the course of a criminal prosecution, or to the applicant with respect to the
86	85		applicant's own information.
87	86		(h)
88	87		(1) The TBI shall develop a voluntary waiver of firearm rights form and a
89	88		revocation of voluntary waiver of firearm rights form.
90	89		(2) The voluntary waiver of firearm rights form must:
91	90		(A) Contain a signature line for the applicant and state that the
92	91		form is signed under penalty of perjury;
93	92
94	93
95	94		- 4 - 000985
96	95
97	96		(B) Include all information necessary for identification and entry of
98	97		the person into the national instant criminal background check system
99	98		NICS indices to identify prohibited purchasers of firearms; and
100	99		(C) Be made available to the public on the TBI website and the
101	100		administrative office of the courts' website and must be distributed to all
102	101		circuit court clerks and made available on the clerks' websites.
103	102		(i) The TBI may promulgate rules necessary to effectuate this section pursuant
104	103		to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
105	104		SECTION 2. Tennessee Code Annotated, Section 39-17-1316(d)(1), is amended by
106	105		deleting the subdivision and substituting the following:
107	106		(1) Determine, from criminal records and other information available to it,
108	107		whether the purchaser:
109	108		(A) Is disqualified under subdivision (a)(1) from completing the purchase;
110	109		or
111	110		(B) Has executed a voluntary waiver of firearm rights form pursuant to
112	111		the Tennessee Voluntary Do Not Sell Firearms Act, compiled in § 39-17-1330;
113	112		and
114	113		SECTION 3. Tennessee Code Annotated, Section 39-17-1316(q), is amended by
115	114		adding the following as a new subdivision (q)(5) and redesignating the current subdivision (q)(5)
116	115		appropriately:
117	116		(5) It is an offense to sell or transfer a firearm to a person knowing that the
118	117		person has executed a voluntary waiver of firearm rights form pursuant to § 39-17-1330,
119	118		and the waiver has not been revoked.
120	119		SECTION 4. Tennessee Code Annotated, Section 39-17-1316, is amended by adding
121	120		the following new subsection:
122	121
123	122
124	123		- 5 - 000985
125	124
126	125		(s) If a person has executed a voluntary waiver of firearm rights form pursuant to
127	126		§ 39-17-1330 and the waiver has not been revoked, then the person shall not knowingly
128	127		receive or possess a firearm. A person who violates this subsection (s) is subject to a
129	128		civil fine not exceeding one hundred dollars ($100). The person may elect to complete
130	129		four (4) hours of community service in lieu of paying the civil penalty.
131	130		SECTION 5. Tennessee Code Annotated, Section 10-7-504, is amended by adding the
132	131		following new subsection:
133	132		(gg) Records obtained and produced under the Tennessee Voluntary Do Not
134	133		Sell Firearms Act, compiled in § 39-17-1330, are confidential and are not an open record
135	134		pursuant to this chapter, except that such information may be disclosed to a law
136	135		enforcement officer acting in the performance of the officer's official duties, in a criminal
137	136		prosecution, or to the applicant with respect to the applicant's own information.
138	137		SECTION 6. For purposes of developing forms and promulgating rules, this act takes
139	138		effect upon becoming a law, the public welfare requiring it. For all other purposes, this act takes
140	139		effect January 1, 2026, the public welfare requiring it.