SENATE BILL 642
By Campbell
HOUSE BILL 596
By Freeman
HB0596
000985
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AN ACT to amend Tennessee Code Annotated, Title 4,
Chapter 3; Section 10-7-504 and Title 39, Chapter
17, Part 13, relative to the "Tennessee Voluntary
Do Not Sell Firearms Act."
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 39, Chapter 17, Part 13, is amended by
adding the following as a new section:
39-17-1330.
(a) This section is known and may be cited as the "Tennessee Voluntary Do Not
Sell Firearms Act."
(b) A person may file a voluntary waiver of firearm rights form, either in person or
electronically, with the clerk of the circuit court in the county of the person's residence,
which has the effect of prohibiting the person executing the form from possessing or
receiving a firearm while the waiver is in effect. The clerk shall request a physical or
scanned copy of valid government-issued photo identification to verify the person's
identity prior to accepting the form. By the end of the business day on which the form
was received, the clerk shall transmit the accepted form to the Tennessee bureau of
investigation (TBI). The TBI shall provide the department of safety with a copy of the
enrollment form within forty-eight (48) hours of receiving a form. If the person has a
handgun carry permit issued pursuant to § 39-17-1351 or § 39-17-1366, then the
department of safety shall suspend the person's permit.
(c) The TBI shall enter the voluntary waiver of firearm rights form into the
national instant criminal background check system and other federal or state computer-
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based systems used by law enforcement agencies to identify prohibited purchasers of
firearms within twenty-four (24) hours of receipt of the form.
(d) No sooner than seven (7) calendar days after filing a voluntary waiver of
firearm rights form, the person may file a revocation of the voluntary waiver of firearm
rights form, either in writing or electronically, with the clerk of any circuit court, which has
the effect of permitting the person executing the form to possess or receive a firearm
after the TBI has completed processing the revocation form and twenty-one (21)
calendar days have passed since the TBI's receipt of the revocation form, unless the
person is otherwise ineligible to purchase or possess a firearm under federal or state
law. The clerk shall request a physical or scanned copy of valid government-issued
photo identification to verify the person's identity prior to accepting the revocation form.
By the end of the business day on which the revocation form was received, the clerk
shall transmit the revocation form to the TBI and destroy all records related to the
person's voluntary waiver of firearm rights form and revocation of voluntary waiver of
firearm rights form. Twenty-one (21) calendar days after receiving a revocation of
voluntary waiver of firearm rights form, the TBI shall remove the person from the national
instant criminal background check system and other federal or state computer-based
systems used by law enforcement to identify prohibited purchasers of firearms in which
the person's voluntary waiver of firearm rights form was entered, unless the person is
otherwise ineligible to purchase or possess a firearm under federal or state law. The TBI
shall destroy all records related to the person's voluntary waiver of firearm rights and
revocation of voluntary waiver of firearm rights after removing the person from the
national instant criminal background check system and other federal or state
computerbased systems. The TBI shall provide the department of safety with a copy of
the revocation form within forty-eight (48) hours of receiving the revocation form. If the
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person is a handgun carry permit holder pursuant to § 39-17-1351 or § 39-17-1366, then
the department of safety shall reinstate the person's permit to carry, unless the person is
otherwise ineligible to obtain a permit under state law. The department of safety shall
destroy all records related to the person's enrollment on the voluntary do not sell list after
reinstating the person's permit to carry.
(e) A person who knowingly makes a false statement regarding the person's
identity on a voluntary waiver of firearm rights form or a revocation of voluntary waiver of
firearm rights form commits the offense of perjury under § 39-16-702.
(f) A voluntary waiver of firearm rights form and a revocation of voluntary waiver
of firearm rights form must not be considered by a court in a legal proceeding in which
the person executing the form is a party, except a criminal prosecution under subsection
(e) or § 39-17-1316(q)(4).
(g) Records obtained and produced under this section are confidential and are
not an open record pursuant to title 10, chapter 7, except that such information may be
disclosed to a law enforcement officer acting in the performance of the officer's official
duties, in the course of a criminal prosecution, or to the applicant with respect to the
applicant's own information.
(h)
(1) The TBI shall develop a voluntary waiver of firearm rights form and a
revocation of voluntary waiver of firearm rights form.
(2) The voluntary waiver of firearm rights form must:
(A) Contain a signature line for the applicant and state that the
form is signed under penalty of perjury;
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(B) Include all information necessary for identification and entry of
the person into the national instant criminal background check system
NICS indices to identify prohibited purchasers of firearms; and
(C) Be made available to the public on the TBI website and the
administrative office of the courts' website and must be distributed to all
circuit court clerks and made available on the clerks' websites.
(i) The TBI may promulgate rules necessary to effectuate this section pursuant
to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
SECTION 2. Tennessee Code Annotated, Section 39-17-1316(d)(1), is amended by
deleting the subdivision and substituting the following:
(1) Determine, from criminal records and other information available to it,
whether the purchaser:
(A) Is disqualified under subdivision (a)(1) from completing the purchase;
or
(B) Has executed a voluntary waiver of firearm rights form pursuant to
the Tennessee Voluntary Do Not Sell Firearms Act, compiled in § 39-17-1330;
and
SECTION 3. Tennessee Code Annotated, Section 39-17-1316(q), is amended by
adding the following as a new subdivision (q)(5) and redesignating the current subdivision (q)(5)
appropriately:
(5) It is an offense to sell or transfer a firearm to a person knowing that the
person has executed a voluntary waiver of firearm rights form pursuant to § 39-17-1330,
and the waiver has not been revoked.
SECTION 4. Tennessee Code Annotated, Section 39-17-1316, is amended by adding
the following new subsection:
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(s) If a person has executed a voluntary waiver of firearm rights form pursuant to
§ 39-17-1330 and the waiver has not been revoked, then the person shall not knowingly
receive or possess a firearm. A person who violates this subsection (s) is subject to a
civil fine not exceeding one hundred dollars ($100). The person may elect to complete
four (4) hours of community service in lieu of paying the civil penalty.
SECTION 5. Tennessee Code Annotated, Section 10-7-504, is amended by adding the
following new subsection:
(gg) Records obtained and produced under the Tennessee Voluntary Do Not
Sell Firearms Act, compiled in § 39-17-1330, are confidential and are not an open record
pursuant to this chapter, except that such information may be disclosed to a law
enforcement officer acting in the performance of the officer's official duties, in a criminal
prosecution, or to the applicant with respect to the applicant's own information.
SECTION 6. For purposes of developing forms and promulgating rules, this act takes
effect upon becoming a law, the public welfare requiring it. For all other purposes, this act takes
effect January 1, 2026, the public welfare requiring it.