1 | 1 | | |
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2 | 2 | | SENATE BILL 1094 |
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3 | 3 | | By Hensley |
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4 | 4 | | |
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5 | 5 | | HOUSE BILL 1207 |
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6 | 6 | | By Kumar |
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7 | 7 | | |
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8 | 8 | | |
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9 | 9 | | HB1207 |
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10 | 10 | | 002921 |
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11 | 11 | | - 1 - |
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12 | 12 | | |
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13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 39, |
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14 | 14 | | Chapter 17, Part 13, relative to suicide prevention. |
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15 | 15 | | |
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16 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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17 | 17 | | SECTION 1. This act is known and may be cited as the "Suicide Prevention Act of |
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18 | 18 | | 2025." |
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19 | 19 | | SECTION 2. Tennessee Code Annotated, Title 39, Chapter 17, Part 13, is amended by |
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20 | 20 | | adding the following as a new section: |
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21 | 21 | | 39-17-1367. |
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22 | 22 | | (a) |
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23 | 23 | | (1) In an effort to prevent violence, including suicide, homicide, or mass |
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24 | 24 | | shooting by persons with mental illness using firearms, the Tennessee bureau of |
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25 | 25 | | investigation (TBI) shall establish a program for revocable voluntary waiver of |
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26 | 26 | | firearms rights so as to avoid purchase, possession, and transportation of |
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27 | 27 | | firearms by and sale of firearms to: |
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28 | 28 | | (A) A person who is voluntarily admitted to a public or private |
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29 | 29 | | hospital or treatment resource for diagnosis, observation, and treatment |
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30 | 30 | | of a mental illness or serious emotional disturbance in accordance with |
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31 | 31 | | title 33, chapter 6, part 2. A person described in this subdivision (a)(1)(A) |
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32 | 32 | | may submit the request form described in subdivision (a)(2) to a mental |
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33 | 33 | | health counselor upon release from the hospital or treatment resource, |
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34 | 34 | | who must then submit the form to the circuit court clerk in the county |
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35 | 35 | | where the hospital or treatment resource is located; or |
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36 | 36 | | |
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37 | 37 | | |
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38 | 38 | | - 2 - 002921 |
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39 | 39 | | |
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40 | 40 | | (B) A person who is concerned about the person's mental health |
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41 | 41 | | and desires to enroll in the revocable voluntary waiver of firearms rights |
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42 | 42 | | program. A person described in this subdivision (a)(1)(B) may submit the |
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43 | 43 | | request form described in subdivision (a)(2) to the circuit court clerk in the |
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44 | 44 | | county in which the person resides. |
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45 | 45 | | (2) The TBI shall create a request form for revocable voluntary waiver of |
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46 | 46 | | firearms rights. The form must include: |
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47 | 47 | | (A) A statement at the top that the form is to be submitted to the |
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48 | 48 | | clerk of the circuit court of the county in which the enrollee resides; |
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49 | 49 | | (B) A space for the enrollee to designate up to two (2) persons as |
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50 | 50 | | guardian angels, if the enrollee wishes to do so, provide contact |
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51 | 51 | | information for the guardian angels, and have the guardian angels sign |
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52 | 52 | | indicating consent to be the enrollee's guardian angel; |
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53 | 53 | | (C) An explanation that: |
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54 | 54 | | (i) Reasonable efforts will be made to inform a guardian |
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55 | 55 | | angel if the enrollee revokes the enrollee's enrollment in the |
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56 | 56 | | revocable voluntary waiver of firearms rights program; and |
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57 | 57 | | (ii) A designated guardian angel has no obligation to |
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58 | 58 | | remain available to receive or act upon the information received if |
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59 | 59 | | the enrollee revokes enrollment in the revocable voluntary waiver |
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60 | 60 | | of firearms rights program and that there is no civil or criminal |
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61 | 61 | | liability for failure to receive or act upon the information; |
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62 | 62 | | (D) A declaration of any firearms that are in the ownership of the |
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63 | 63 | | enrollee and the planned disposition of each firearm; |
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64 | 64 | | |
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65 | 65 | | |
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66 | 66 | | - 3 - 002921 |
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67 | 67 | | |
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68 | 68 | | (E) An attestation that the enrollee does not currently possess or |
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69 | 69 | | have access to any firearms at the time of enrolling in the revocable |
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70 | 70 | | voluntary waiver of firearms rights program; and |
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71 | 71 | | (F) An acknowledgement by the enrollee that it is an offense for a |
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72 | 72 | | person who is enrolled in the revocable voluntary waiver of firearms rights |
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73 | 73 | | program to possess, purchase, or transport a firearm and that a violation |
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74 | 74 | | of subsection (f) is a Class C misdemeanor. |
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75 | 75 | | (3) If the request form is submitted directly to the circuit court clerk, then |
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76 | 76 | | the circuit court clerk must require the person to present a valid photo |
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77 | 77 | | identification to verify the person's identity prior to accepting the form. |
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78 | 78 | | (4) The circuit court clerk must: |
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79 | 79 | | (A) Transmit the completed request form to the TBI within three |
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80 | 80 | | (3) business days for entry into the revocable voluntary waiver of firearms |
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81 | 81 | | rights program; and |
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82 | 82 | | (B) Transmit a copy of the completed request form to the |
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83 | 83 | | department of safety within three (3) business days. |
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84 | 84 | | (5) |
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85 | 85 | | (A) The TBI must maintain and update the revocable voluntary |
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86 | 86 | | waiver of firearms rights request data to be used, in accordance with § |
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87 | 87 | | 39-17-1316, to advise a gun dealer if the TBI's records indicate a firearm |
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88 | 88 | | buyer is prohibited from purchasing, possessing, or transporting a firearm. |
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89 | 89 | | (B) Upon receipt of the form, the department of safety must |
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90 | 90 | | revoke the person's handgun carry permit under § 39-17-1351 and § 39- |
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91 | 91 | | 17-1366. |
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92 | 92 | | (6) |
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93 | 93 | | |
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94 | 94 | | |
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95 | 95 | | - 4 - 002921 |
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96 | 96 | | |
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97 | 97 | | (A) No sooner than fourteen (14) calendar days after filing a |
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98 | 98 | | revocable voluntary waiver of firearms rights request form, an enrollee |
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99 | 99 | | may file a revocation of the revocable voluntary waiver of firearms rights |
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100 | 100 | | with the clerk of the circuit court of the county in which the enrollee |
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101 | 101 | | resides. The circuit court clerk must require a valid photo identification to |
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102 | 102 | | verify the person's identity prior to accepting the revocation form. The |
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103 | 103 | | filing of a revocation form allows the person executing the form to |
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104 | 104 | | purchase, possess, or transport a firearm after the TBI has completed |
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105 | 105 | | processing the form unless the person is otherwise ineligible to purchase |
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106 | 106 | | or possess a firearm under federal or state law. The circuit court clerk |
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107 | 107 | | must transmit the completed revocation request form to the TBI within |
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108 | 108 | | three (3) business days and transmit a copy of the completed revocation |
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109 | 109 | | request form to the department of safety within three (3) business days. |
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110 | 110 | | (B) By the end of the fourteenth business day following the date |
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111 | 111 | | on which the request for revocation was received, the TBI must: |
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112 | 112 | | (i) Notify the person that the person's name has been |
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113 | 113 | | removed from the revocable voluntary waiver of firearms rights |
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114 | 114 | | program; |
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115 | 115 | | (ii) Make reasonable efforts to inform the person's |
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116 | 116 | | guardian angel of the revocation if the person has designated a |
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117 | 117 | | guardian angel; |
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118 | 118 | | (iii) Destroy all records related to the person's enrollment |
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119 | 119 | | in the revocable voluntary waiver of firearms rights program; and |
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120 | 120 | | (iv) Remove the person from the national instant criminal |
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121 | 121 | | background check system and other federal or state computer- |
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122 | 122 | | |
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123 | 123 | | |
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124 | 124 | | - 5 - 002921 |
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125 | 125 | | |
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126 | 126 | | based systems used by law enforcement to identify prohibited |
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127 | 127 | | purchasers of firearms in which the person's enrollment in the |
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128 | 128 | | revocable voluntary waiver of firearms rights program was |
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129 | 129 | | entered, unless the person is otherwise ineligible to purchase or |
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130 | 130 | | possess a firearm under federal or state law. |
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131 | 131 | | (C) By the end of the fourteenth business day following the date |
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132 | 132 | | on which the request for revocation was received, the department of |
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133 | 133 | | safety must: |
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134 | 134 | | (i) Reinstate the person's handgun carry permit under § |
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135 | 135 | | 39-17-1351 and § 39-17-1366, unless the person is otherwise |
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136 | 136 | | ineligible to obtain a permit under state or federal law; and |
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137 | 137 | | (ii) Destroy all records related to the person's enrollment in |
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138 | 138 | | the revocable voluntary waiver of firearms rights program after |
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139 | 139 | | reinstating the person's handgun carry permit. |
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140 | 140 | | (b) A person who knowingly makes a false statement regarding the person's |
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141 | 141 | | identity on an enrollment or revocation form for the revocable voluntary waiver of |
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142 | 142 | | firearms rights commits perjury, as defined in § 39-16-702. |
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143 | 143 | | (c) The TBI is authorized to promulgate rules to effectuate this section. The |
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144 | 144 | | rules must be promulgated in accordance with the Uniform Administrative Procedures |
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145 | 145 | | Act, compiled in title 4, chapter 5. |
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146 | 146 | | (d) Notwithstanding another law to the contrary, the bureau and the department |
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147 | 147 | | of safety shall withhold from public disclosure all information regarding a request to be |
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148 | 148 | | enrolled into or removed from the revocable voluntary waiver of firearms rights program |
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149 | 149 | | and any other personal identifying information contained in or related to a revocable |
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150 | 150 | | voluntary waiver of firearms rights, except that such information may be disclosed to a |
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151 | 151 | | |
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152 | 152 | | |
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153 | 153 | | - 6 - 002921 |
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154 | 154 | | |
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155 | 155 | | law enforcement officer acting in the performance of official duties, a gun dealer as |
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156 | 156 | | required by § 39-17-1316, the applicant with respect to the applicant's own information, |
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157 | 157 | | or in the course of criminal prosecution for a violation of subsection (f) or § 39-16-702. |
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158 | 158 | | Records obtained and produced pursuant to this section are confidential and are not an |
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159 | 159 | | open record pursuant to title 10, chapter 7. |
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160 | 160 | | (e) A request form used to enroll in or withdraw from the revocable voluntary |
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161 | 161 | | waiver of firearms rights program must not be considered by a court in a legal |
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162 | 162 | | proceeding in which the person executing the form is a party, except that such form may |
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163 | 163 | | be used in a criminal prosecution for a violation of subsection (f), § 39-16-702, or § 39- |
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164 | 164 | | 17-1316. |
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165 | 165 | | (f) It is an offense for a person who is enrolled in the revocable voluntary waiver |
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166 | 166 | | of firearms rights program to purchase, possess, or transport a firearm. A violation of |
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167 | 167 | | this subsection (f) is a Class C misdemeanor. |
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168 | 168 | | SECTION 3. Tennessee Code Annotated, Section 39-17-1316(a)(1)(A), is amended by |
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169 | 169 | | adding the following new subdivision: |
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170 | 170 | | (vi) Are enrolled in the revocable voluntary waiver of firearms rights program |
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171 | 171 | | pursuant to § 39-17-1367. |
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172 | 172 | | SECTION 4. For the purpose of implementation, this act takes effect upon becoming a |
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173 | 173 | | law, the public welfare requiring it. For all other purposes, this act takes effect January 1, 2026, |
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174 | 174 | | the public welfare requiring it. |
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