SB 1105 - HB 1292 FISCAL NOTE Fiscal Review Committee Tennessee General Assembly March 20, 2025 Fiscal Analyst: Natalie Dusek | Email: natalie.dusek@capitol.tn.gov | Phone: 615-741-2564 SB 1105 - HB 1292 SUMMARY OF BILL: Expands the circumstances under which a law enforcement agency (LEA) may petition a court for permission to destroy a firearm that has been confiscated by a law enforcement officer and declared to be contraband by a court, to any firearm, rather than only a firearm that is inoperable or unsafe. FISCAL IMPACT: NOT SIGNIFICANT Assumptions: • Pursuant to Tenn. Code Ann. § 37-17-1317(i), if the chief of police, sheriff, director of the judicial district drug task force, Commissioner of the Department of Safety, or Director of the Tennessee Bureau of Investigation, depending upon who confiscated or obtained the weapon, certifies to the court that a weapon is inoperable or unsafe, then the court shall order the weapon either destroyed, recycled, or transferred to a museum or historical society that displays such items to the public and is lawfully eligible to receive the weapon. • Pursuant to Tenn. Code Ann. § 37-17-1317(b), any weapon declared contraband that is secured by a law enforcement officer or LEA after being abandoned, voluntarily surrendered to, or obtained by a law enforcement officer or LEA, including through a buyback program, shall, pursuant to a written order of the court, be sold in a public sale, used for legitimate law enforcement purposes at the discretion of the court, or otherwise relinquished pursuant to Tenn. Code Ann. § 37-17-1317(i). • The proposed legislation authorizes the court to order any weapon declared contraband under the aforementioned circumstances to be destroyed or recycled, regardless of whether or not the weapon is inoperable or unsafe. • Based on information provided by the Tennessee Sheriffs Association and the Tennessee Association of Police Chiefs, contraband firearms are typically either retained or sold. • It is not known how often a court may order such weapons to be destroyed or recycled, or how many weapons would be subject to such an order each year. • However, any increase in expenditures to LEAs to destroy or recycle such weapons is estimated to be not significant. Any decrease in revenue to LEAs related to destroying or recycling such weapons, rather than selling them, is also estimated to be not significant. • Any fiscal impact to state or local government is estimated to be not significant. SB 1105 - HB 1292 2 CERTIFICATION: The information contained herein is true and correct to the best of my knowledge. Bojan Savic, Executive Director