Tennessee 2025-2026 Regular Session

Tennessee House Bill HB1207 Compare Versions

Only one version of the bill is available at this time.
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22 SENATE BILL 1094
33 By Hensley
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55 HOUSE BILL 1207
66 By Kumar
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99 HB1207
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1212
1313 AN ACT to amend Tennessee Code Annotated, Title 39,
1414 Chapter 17, Part 13, relative to suicide prevention.
1515
1616 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
1717 SECTION 1. This act is known and may be cited as the "Suicide Prevention Act of
1818 2025."
1919 SECTION 2. Tennessee Code Annotated, Title 39, Chapter 17, Part 13, is amended by
2020 adding the following as a new section:
2121 39-17-1367.
2222 (a)
2323 (1) In an effort to prevent violence, including suicide, homicide, or mass
2424 shooting by persons with mental illness using firearms, the Tennessee bureau of
2525 investigation (TBI) shall establish a program for revocable voluntary waiver of
2626 firearms rights so as to avoid purchase, possession, and transportation of
2727 firearms by and sale of firearms to:
2828 (A) A person who is voluntarily admitted to a public or private
2929 hospital or treatment resource for diagnosis, observation, and treatment
3030 of a mental illness or serious emotional disturbance in accordance with
3131 title 33, chapter 6, part 2. A person described in this subdivision (a)(1)(A)
3232 may submit the request form described in subdivision (a)(2) to a mental
3333 health counselor upon release from the hospital or treatment resource,
3434 who must then submit the form to the circuit court clerk in the county
3535 where the hospital or treatment resource is located; or
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3939
4040 (B) A person who is concerned about the person's mental health
4141 and desires to enroll in the revocable voluntary waiver of firearms rights
4242 program. A person described in this subdivision (a)(1)(B) may submit the
4343 request form described in subdivision (a)(2) to the circuit court clerk in the
4444 county in which the person resides.
4545 (2) The TBI shall create a request form for revocable voluntary waiver of
4646 firearms rights. The form must include:
4747 (A) A statement at the top that the form is to be submitted to the
4848 clerk of the circuit court of the county in which the enrollee resides;
4949 (B) A space for the enrollee to designate up to two (2) persons as
5050 guardian angels, if the enrollee wishes to do so, provide contact
5151 information for the guardian angels, and have the guardian angels sign
5252 indicating consent to be the enrollee's guardian angel;
5353 (C) An explanation that:
5454 (i) Reasonable efforts will be made to inform a guardian
5555 angel if the enrollee revokes the enrollee's enrollment in the
5656 revocable voluntary waiver of firearms rights program; and
5757 (ii) A designated guardian angel has no obligation to
5858 remain available to receive or act upon the information received if
5959 the enrollee revokes enrollment in the revocable voluntary waiver
6060 of firearms rights program and that there is no civil or criminal
6161 liability for failure to receive or act upon the information;
6262 (D) A declaration of any firearms that are in the ownership of the
6363 enrollee and the planned disposition of each firearm;
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6767
6868 (E) An attestation that the enrollee does not currently possess or
6969 have access to any firearms at the time of enrolling in the revocable
7070 voluntary waiver of firearms rights program; and
7171 (F) An acknowledgement by the enrollee that it is an offense for a
7272 person who is enrolled in the revocable voluntary waiver of firearms rights
7373 program to possess, purchase, or transport a firearm and that a violation
7474 of subsection (f) is a Class C misdemeanor.
7575 (3) If the request form is submitted directly to the circuit court clerk, then
7676 the circuit court clerk must require the person to present a valid photo
7777 identification to verify the person's identity prior to accepting the form.
7878 (4) The circuit court clerk must:
7979 (A) Transmit the completed request form to the TBI within three
8080 (3) business days for entry into the revocable voluntary waiver of firearms
8181 rights program; and
8282 (B) Transmit a copy of the completed request form to the
8383 department of safety within three (3) business days.
8484 (5)
8585 (A) The TBI must maintain and update the revocable voluntary
8686 waiver of firearms rights request data to be used, in accordance with §
8787 39-17-1316, to advise a gun dealer if the TBI's records indicate a firearm
8888 buyer is prohibited from purchasing, possessing, or transporting a firearm.
8989 (B) Upon receipt of the form, the department of safety must
9090 revoke the person's handgun carry permit under § 39-17-1351 and § 39-
9191 17-1366.
9292 (6)
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9696
9797 (A) No sooner than fourteen (14) calendar days after filing a
9898 revocable voluntary waiver of firearms rights request form, an enrollee
9999 may file a revocation of the revocable voluntary waiver of firearms rights
100100 with the clerk of the circuit court of the county in which the enrollee
101101 resides. The circuit court clerk must require a valid photo identification to
102102 verify the person's identity prior to accepting the revocation form. The
103103 filing of a revocation form allows the person executing the form to
104104 purchase, possess, or transport a firearm after the TBI has completed
105105 processing the form unless the person is otherwise ineligible to purchase
106106 or possess a firearm under federal or state law. The circuit court clerk
107107 must transmit the completed revocation request form to the TBI within
108108 three (3) business days and transmit a copy of the completed revocation
109109 request form to the department of safety within three (3) business days.
110110 (B) By the end of the fourteenth business day following the date
111111 on which the request for revocation was received, the TBI must:
112112 (i) Notify the person that the person's name has been
113113 removed from the revocable voluntary waiver of firearms rights
114114 program;
115115 (ii) Make reasonable efforts to inform the person's
116116 guardian angel of the revocation if the person has designated a
117117 guardian angel;
118118 (iii) Destroy all records related to the person's enrollment
119119 in the revocable voluntary waiver of firearms rights program; and
120120 (iv) Remove the person from the national instant criminal
121121 background check system and other federal or state computer-
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125125
126126 based systems used by law enforcement to identify prohibited
127127 purchasers of firearms in which the person's enrollment in the
128128 revocable voluntary waiver of firearms rights program was
129129 entered, unless the person is otherwise ineligible to purchase or
130130 possess a firearm under federal or state law.
131131 (C) By the end of the fourteenth business day following the date
132132 on which the request for revocation was received, the department of
133133 safety must:
134134 (i) Reinstate the person's handgun carry permit under §
135135 39-17-1351 and § 39-17-1366, unless the person is otherwise
136136 ineligible to obtain a permit under state or federal law; and
137137 (ii) Destroy all records related to the person's enrollment in
138138 the revocable voluntary waiver of firearms rights program after
139139 reinstating the person's handgun carry permit.
140140 (b) A person who knowingly makes a false statement regarding the person's
141141 identity on an enrollment or revocation form for the revocable voluntary waiver of
142142 firearms rights commits perjury, as defined in § 39-16-702.
143143 (c) The TBI is authorized to promulgate rules to effectuate this section. The
144144 rules must be promulgated in accordance with the Uniform Administrative Procedures
145145 Act, compiled in title 4, chapter 5.
146146 (d) Notwithstanding another law to the contrary, the bureau and the department
147147 of safety shall withhold from public disclosure all information regarding a request to be
148148 enrolled into or removed from the revocable voluntary waiver of firearms rights program
149149 and any other personal identifying information contained in or related to a revocable
150150 voluntary waiver of firearms rights, except that such information may be disclosed to a
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154154
155155 law enforcement officer acting in the performance of official duties, a gun dealer as
156156 required by § 39-17-1316, the applicant with respect to the applicant's own information,
157157 or in the course of criminal prosecution for a violation of subsection (f) or § 39-16-702.
158158 Records obtained and produced pursuant to this section are confidential and are not an
159159 open record pursuant to title 10, chapter 7.
160160 (e) A request form used to enroll in or withdraw from the revocable voluntary
161161 waiver of firearms rights program must not be considered by a court in a legal
162162 proceeding in which the person executing the form is a party, except that such form may
163163 be used in a criminal prosecution for a violation of subsection (f), § 39-16-702, or § 39-
164164 17-1316.
165165 (f) It is an offense for a person who is enrolled in the revocable voluntary waiver
166166 of firearms rights program to purchase, possess, or transport a firearm. A violation of
167167 this subsection (f) is a Class C misdemeanor.
168168 SECTION 3. Tennessee Code Annotated, Section 39-17-1316(a)(1)(A), is amended by
169169 adding the following new subdivision:
170170 (vi) Are enrolled in the revocable voluntary waiver of firearms rights program
171171 pursuant to § 39-17-1367.
172172 SECTION 4. For the purpose of implementation, this act takes effect upon becoming a
173173 law, the public welfare requiring it. For all other purposes, this act takes effect January 1, 2026,
174174 the public welfare requiring it.