4 | 3 | | |
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5 | 4 | | HOUSE BILL 948 |
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6 | 5 | | By Brooks |
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7 | 6 | | |
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8 | 7 | | |
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9 | 8 | | HB0948 |
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10 | 9 | | 002133 |
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11 | 10 | | - 1 - |
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12 | 11 | | |
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13 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 36; |
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14 | 13 | | Title 39 and Title 40, relative to firearms |
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15 | 14 | | dispossession. |
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16 | 15 | | |
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17 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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18 | 17 | | SECTION 1. Tennessee Code Annotated, Section 36-3-625(a), is amended by deleting |
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19 | 18 | | subdivisions (a)(1) and (2) and substituting: |
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20 | 19 | | (1) That the respondent is required to dispossess any firearm in the respondent's |
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21 | 20 | | possession by transferring the firearm to a law enforcement agency designated by the |
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22 | 21 | | court within forty-eight (48) hours of the issuance of the order; |
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23 | 22 | | (2) That the respondent is prohibited from possessing a firearm for so long as |
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24 | 23 | | the order of protection or any successive order of protection is in effect; and |
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25 | 24 | | SECTION 2. Tennessee Code Annotated, Section 36-3-625, is amended by deleting |
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26 | 25 | | subdivision (b)(1) and substituting: |
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27 | 26 | | (1) To terminate the respondent's possession of all firearms in the respondent's |
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28 | 27 | | possession pursuant to subdivision (a)(1) within forty-eight (48) hours; |
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29 | 28 | | SECTION 3. Tennessee Code Annotated, Section 36-3-625, is amended by deleting |
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30 | 29 | | subdivision (b)(2) and substituting: |
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31 | 30 | | (2) To complete and return to the court within three (3) business days of the |
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32 | 31 | | issuance of the order: |
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33 | 32 | | (A) A copy of the receipt from the law enforcement agency demonstrating |
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34 | 33 | | the law enforcement agency's receipt of the firearm; and |
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35 | 34 | | |
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36 | 35 | | |
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37 | 36 | | - 2 - 002133 |
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38 | 37 | | |
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39 | 38 | | (B) The affidavit of firearm dispossession form created pursuant to |
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40 | 39 | | subsection (e), which the court may provide the respondent or direct the |
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41 | 40 | | respondent to obtain from the administrative office of the court's website; and |
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42 | 41 | | SECTION 4. Tennessee Code Annotated, Section 36-3-625, is amended by deleting |
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43 | 42 | | subdivision (f)(1). |
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44 | 43 | | SECTION 5. Tennessee Code Annotated, Section 36-3-625, is amended by deleting |
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45 | 44 | | subsection (g) and substituting: |
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46 | 45 | | (g) A law enforcement agency designated by the court to receive a respondent's |
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47 | 46 | | firearm pursuant to subdivision (a)(1) shall at the time of the surrender issue to the |
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48 | 47 | | respondent a receipt identifying all firearms that have been surrendered. The law |
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49 | 48 | | enforcement agency shall retain a copy of the receipt. |
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50 | 49 | | SECTION 6. Tennessee Code Annotated, Section 39-13-111, is amended by deleting |
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51 | 50 | | subdivision (c)(6)(A) and substituting: |
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52 | 51 | | (A) Terminate physical possession of any firearm in the defendant's possession |
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53 | 52 | | by transferring the firearm to a law enforcement agency designated by the court within |
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54 | 53 | | forty-eight (48) hours of the issuance of the order; and |
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55 | 54 | | SECTION 7. Tennessee Code Annotated, Section 39-13-111, is amended by deleting |
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56 | 55 | | subdivision (c)(6)(B) and substituting: |
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57 | 56 | | (B) Complete and return to the court in which the defendant was convicted within |
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58 | 57 | | three (3) business days: |
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59 | 58 | | (i) An affidavit of firearms dispossession form; and |
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60 | 59 | | (ii) A copy of the receipt from the law enforcement agency demonstrating |
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61 | 60 | | the law enforcement agency's receipt of the firearm. |
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62 | 61 | | SECTION 8. Tennessee Code Annotated, Section 39-13-111(c), is amended by adding |
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63 | 62 | | the following as a new subdivision: |
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64 | 63 | | |
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65 | 64 | | |
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66 | 65 | | - 3 - 002133 |
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67 | 66 | | |
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68 | 67 | | (8) The defendant may obtain an affidavit of firearms dispossession from the |
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69 | 68 | | court or court clerk or the defendant may be directed to obtain a copy from the website |
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70 | 69 | | of the administrative office of the courts. |
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71 | 70 | | SECTION 9. Tennessee Code Annotated, Section 39-13-111, is amended by adding |
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72 | 71 | | the following as a new subsection: |
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73 | 72 | | (g) A law enforcement agency designated by the court to receive a respondent's |
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74 | 73 | | firearm pursuant to subdivision (c)(6)(A) shall at the time of the surrender issue to the |
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75 | 74 | | respondent a receipt identifying all firearms that have been surrendered. The law |
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76 | 75 | | enforcement agency shall retain a copy of the receipt. |
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77 | 76 | | SECTION 10. Tennessee Code Annotated, Section 40-14-109, is amended by deleting |
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78 | 77 | | subdivision (b)(4). |
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79 | 78 | | SECTION 11. The administrative office of the courts shall develop the affidavit of |
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80 | 79 | | firearms dispossession form required by ยง 39-13-111(c)(6)(B)(i). Upon completion, the form |
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81 | 80 | | must be posted on the website of the administrative office of the courts where it can be copied |
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82 | 81 | | by defendants or provided by the court or court clerk upon conviction. |
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83 | 82 | | SECTION 12. For the purposes of creating the form required by Section 11, this act |
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84 | 83 | | takes effect upon becoming a law, the public welfare requiring it. For all other purposes, this act |
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85 | 84 | | takes effect July 1, 2025, the public welfare requiring it, and applies to offenses committed on or |
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86 | 85 | | after that date. |
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