Tennessee 2025-2026 Regular Session

Tennessee House Bill HB1390 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	SENATE BILL 1350
3	3	By Akbari
4	4
5	5	HOUSE BILL 1390
6	6	By Pearson
7	7
8	8
9	9	HB1390
10	10	003048
11	11	- 1 -
12	12
13	13	AN ACT to amend Tennessee Code Annotated, Title 33;
14	14	Title 38 and Title 39, Chapter 17, relative to
15	15	firearms.
16	16
17	17	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
18	18	SECTION 1. Tennessee Code Annotated, Title 39, Chapter 17, Part 13, is amended by
19	19	adding the following new sections:
20	20	39-17-1367.
21	21	(a) As used in this section:
22	22	(1) "Extreme risk protection order" means a temporary ex parte order or a
23	23	final order granted pursuant to this section;
24	24	(2) "Petitioner" means any of the following who petition a court for an
25	25	extreme risk protection order pursuant to this section:
26	26	(A) A law enforcement officer or a law enforcement agency; or
27	27	(B) A person who is related to the respondent by blood, marriage,
28	28	or adoption; and
29	29	(3) "Respondent" means the individual who is identified as the
30	30	respondent in a petition filed pursuant to this section.
31	31	(b)
32	32	(1) There is created an action known as a petition for an extreme risk
33	33	protection order.
34	34	(2) A petition for an extreme risk protection order may be filed by a
35	35	petitioner.
36	36
37	37
38	38	- 2 - 003048
39	39
40	40	(3) A petition for an extreme risk protection order must be filed in the
41	41	county where the petitioner resides or the petitioner's law enforcement office is
42	42	located, as applicable, or the county where the respondent resides.
43	43	(4) A petition for an extreme risk protection order does not require either
44	44	party to be represented by an attorney.
45	45	(5) Notwithstanding another law, attorney fees must not be awarded in
46	46	any proceeding under this section.
47	47	(6) A petition must:
48	48	(A) Allege that the respondent poses a significant danger of
49	49	causing personal injury to the respondent's self or others by having a
50	50	firearm or any ammunition in the respondent's custody or control or by
51	51	purchasing, possessing, or receiving a firearm or any ammunition, and
52	52	must be accompanied by an affidavit made under oath stating the specific
53	53	statements, actions, or facts that give rise to a reasonable fear of
54	54	significant dangerous acts by the respondent;
55	55	(B) Identify the quantities, types, and locations of all firearms and
56	56	ammunition the petitioner believes to be in the respondent's current
57	57	ownership, possession, custody, or control;
58	58	(C) Identify whether there is a known existing protection order
59	59	governing the respondent under title 36, chapter 3, part 6 or under any
60	60	other applicable statute; and
61	61	(D) Include a physical description of the respondent and the
62	62	respondent's last known location.
63	63	(7) The petitioner must make a good faith effort to provide notice to a
64	64	family or household member of the respondent and to any known third party who
65	65
66	66
67	67	- 3 - 003048
68	68
69	69	may be at risk of violence. The notice must state that the petitioner intends to
70	70	petition the court for an extreme risk protection order or has already done so and,
71	71	if the petitioner is a law enforcement officer or a law enforcement agency, must
72	72	include referrals to appropriate resources, including mental health, domestic
73	73	violence, and counseling resources. The petitioner must attest in the petition to
74	74	having provided such notice or must attest to the steps that will be taken to
75	75	provide such notice.
76	76	(8) If the petitioner is a law enforcement officer or a law enforcement
77	77	agency, then the petitioner must list the address of record on the petition as
78	78	being where the appropriate law enforcement agency is located.
79	79	(9) A court or a public agency shall not charge fees for filing or for service
80	80	of process to a petitioner seeking relief under this section and must provide the
81	81	necessary number of certified copies, forms, and instructional brochures free of
82	82	charge.
83	83	(10) A person is not required to post a bond to obtain relief in a
84	84	proceeding under this section.
85	85	(11) The circuit courts of this state have jurisdiction over proceedings
86	86	under this section.
87	87	(c)
88	88	(1) Upon receipt of a petition, the court must order a hearing to be held
89	89	no later than fourteen (14) days after the date the petition is filed and must issue
90	90	a notice of hearing to the respondent.
91	91	(2) The clerk of the court shall cause a copy of the notice of hearing and
92	92	petition to be forwarded on or before the next business day to the appropriate law
93	93
94	94
95	95	- 4 - 003048
96	96
97	97	enforcement agency for service upon the respondent as provided in subsection
98	98	(l).
99	99	(3) The court may, as provided in subsection (k), issue a temporary ex
100	100	parte extreme risk protection order pending the hearing ordered under this
101	101	subsection (c). A temporary ex parte order must be served concurrently with the
102	102	notice of hearing and petition as provided in subsection (l).
103	103	(d) Upon notice and a hearing on the matter, if the court finds by clear and
104	104	convincing evidence that the respondent poses a significant danger of causing personal
105	105	injury to the respondent or others by having in the respondent's custody or control, or by
106	106	purchasing, possessing, or receiving, a firearm or ammunition, then the court shall issue
107	107	an extreme risk protection order for an appropriate period of up to twelve (12) months.
108	108	(e) In determining whether grounds for an extreme risk protection order exist, the
109	109	court may consider any relevant evidence, including, but not limited to, the following:
110	110	(1) A recent act or threat of violence by the respondent against the
111	111	respondent's self or others, whether or not the violence or threat of violence
112	112	involves a firearm;
113	113	(2) An act or threat of violence by the respondent within the past twelve
114	114	(12) months, including, but not limited to, acts or threats of violence by the
115	115	respondent against the respondent's self or others;
116	116	(3) Evidence of the respondent being seriously mentally ill or having
117	117	recurring mental health issues;
118	118	(4) A violation by the respondent of an order of protection issued
119	119	pursuant to title 36, chapter 3, part 6;
120	120	(5) A previous or existing extreme risk protection order issued against the
121	121	respondent;
122	122
123	123
124	124	- 5 - 003048
125	125
126	126	(6) A violation of a previous or existing extreme risk protection order
127	127	issued against the respondent;
128	128	(7) Whether the respondent, in this state or another state, has been
129	129	convicted of, had adjudication withheld on, or pled nolo contendere to a crime
130	130	involving domestic abuse as defined in § 36-3-601;
131	131	(8) Whether the respondent has used or threatened to use, against the
132	132	respondent's self or others, a weapon;
133	133	(9) The unlawful or reckless use, display, or brandishing of a firearm by
134	134	the respondent;
135	135	(10) The recurring use of, or threat to use, physical force by the
136	136	respondent against another person or evidence of the respondent stalking
137	137	another person;
138	138	(11) Whether the respondent, in this state or another state, has been
139	139	arrested for, convicted of, had adjudication withheld on, or pled nolo contendere
140	140	to a crime involving violence or a threat of violence;
141	141	(12) Corroborated evidence of the abuse of controlled substances or
142	142	alcohol by the respondent;
143	143	(13) Evidence of recent acquisition of firearms or ammunition by the
144	144	respondent;
145	145	(14) Any relevant information from family and household members
146	146	concerning the respondent; and
147	147	(15) Witness testimony, taken while the witness is under oath, relating to
148	148	the matter before the court.
149	149	(f) A person, including an officer of the court, who offers evidence or
150	150	recommendations relating to the petition shall:
151	151
152	152
153	153	- 6 - 003048
154	154
155	155	(1) Present the evidence or recommendations in writing to the court with
156	156	copies to each party and the party's attorney, if retained; or
157	157	(2) Present the evidence under oath at a hearing at which all parties are
158	158	present.
159	159	(g) During the hearing, the court shall consider whether a mental health
160	160	evaluation or substance abuse assessment is appropriate and may order such
161	161	evaluations if appropriate.
162	162	(h) An extreme risk protection order must include the following:
163	163	(1) A statement of the grounds supporting the issuance of the order;
164	164	(2) The date the order was issued;
165	165	(3) The date the order ends;
166	166	(4) Whether a mental health evaluation or substance abuse assessment
167	167	of the respondent is required;
168	168	(5) The address of the court in which any responsive pleading should be
169	169	filed;
170	170	(6) A description of the requirements for the surrender of all firearms and
171	171	ammunition that the respondent owns under § 39-17-1368; and
172	172	(7) The following statement:
173	173	To the subject of this protection order: This order will last until the
174	174	date noted above. If you have not done so already, you must surrender
175	175	immediately to the (insert name of local law enforcement agency) all
176	176	firearms and ammunition that you own or have in your custody, control, or
177	177	possession and any license to carry a handgun issued to you under
178	178	Tennessee Code Annotated, § 39-17-1351 or § 39-17-1366. You may
179	179	not have in your custody or control, or purchase, possess, receive, or
180	180
181	181
182	182	- 7 - 003048
183	183
184	184	attempt to purchase or receive, a firearm or ammunition while this order is
185	185	in effect. You have the right to request a hearing to vacate this order,
186	186	starting after the date of the issuance of this order, and to request another
187	187	hearing after every extension of this order, if any. You may seek the
188	188	advice of an attorney as to any matter connected with this order.
189	189	(i) If the court issues an extreme risk protection order, then the court must inform
190	190	the respondent that the respondent is entitled to request a hearing to vacate the order in
191	191	the manner provided by subsection (m). The court shall provide the respondent with a
192	192	form to request a hearing to vacate.
193	193	(j) If the court denies the petitioner's request for an extreme risk protection order,
194	194	then the court must issue a written order stating the particular reasons for the denial.
195	195	(k)
196	196	(1) A petitioner may request that a temporary ex parte extreme risk
197	197	protection order be issued before a hearing for an extreme risk protection order
198	198	and without notice to the respondent, by including in the petition detailed
199	199	allegations based on personal knowledge that the respondent poses a significant
200	200	danger of causing personal injury to the respondent's self or others in the near
201	201	future by having in the respondent's custody or control, or by purchasing,
202	202	possessing, or receiving, a firearm or ammunition.
203	203	(2) In considering whether to issue a temporary ex parte extreme risk
204	204	protection order under this subsection (k), the court shall consider all relevant
205	205	evidence, including the evidence described in subsection (e).
206	206	(3) If a court finds there is reasonable cause to believe that the
207	207	respondent poses a significant danger of causing personal injury to the
208	208	respondent's self or others in the near future by having in the respondent's
209	209
210	210
211	211	- 8 - 003048
212	212
213	213	custody or control, or by purchasing, possessing, or receiving, a firearm or
214	214	ammunition, then the court shall issue a temporary ex parte extreme risk
215	215	protection order.
216	216	(4) The court shall hold a temporary ex parte extreme risk protection
217	217	order hearing in person or by telephone on the day the petition is filed or the next
218	218	business day.
219	219	(5) A temporary ex parte extreme risk protection order must include the
220	220	following:
221	221	(A) A statement of the grounds asserted for the order;
222	222	(B) The date the order was issued;
223	223	(C) The address of the court in which a responsive pleading may
224	224	be filed;
225	225	(D) The date and time of the scheduled hearing;
226	226	(E) A description of the requirements for the surrender of all
227	227	firearms and ammunition that the respondent owns, pursuant to § 39-17-
228	228	1368; and
229	229	(F) The following statement:
230	230	To the subject of this protection order: This order is valid
231	231	until the date noted above. You are required to surrender all
232	232	firearms and ammunition that you own or have in your custody,
233	233	control, or possession. You may not have in your custody or
234	234	control, or purchase, possess, receive, or attempt to purchase or
235	235	receive, a firearm or ammunition while this order is in effect. You
236	236	must surrender immediately to the (insert name of local law
237	237	enforcement agency) all firearms and ammunition in your custody,
238	238
239	239
240	240	- 9 - 003048
241	241
242	242	control, or possession and any license to carry a handgun issued
243	243	to you under Tennessee Code Annotated, § 39-17-1351 or § 39-
244	244	17-1366. A hearing will be held on the date and at the time noted
245	245	above to determine if an extreme risk protection order should be
246	246	issued. Failure to appear at that hearing may result in a court
247	247	issuing an order against you which is valid for one (1) year. You
248	248	may seek the advice of an attorney as to any matter connected
249	249	with this order.
250	250	(6) A temporary ex parte extreme risk protection order expires upon the
251	251	hearing on the extreme risk protection order.
252	252	(7) A temporary ex parte extreme risk protection order must be served by
253	253	a law enforcement officer in the same manner as provided for in subsection (l) for
254	254	service of the notice of hearing and petition and must be served concurrently with
255	255	the notice of hearing and petition.
256	256	(8) If the court denies the petitioner's request for a temporary ex parte
257	257	extreme risk protection order, then the court shall issue a written order stating the
258	258	particular reasons for the denial.
259	259	(l)
260	260	(1) The clerk of the court shall furnish a copy of the notice of hearing,
261	261	petition, and temporary ex parte extreme risk protection order or extreme risk
262	262	protection order, as applicable, to the sheriff of the county where the respondent
263	263	resides or can be found, who shall serve it upon the respondent as soon as
264	264	possible on any day of the week and at any time of the day or night. When
265	265	requested by the sheriff, the clerk of the court may transmit a facsimile copy of a
266	266	temporary ex parte extreme risk protection order or an extreme risk protection
267	267
268	268
269	269	- 10 - 003048
270	270
271	271	order that has been certified by the clerk of the court, and this facsimile copy may
272	272	be served in the same manner as a certified copy. Upon receiving a facsimile
273	273	copy, the sheriff shall verify receipt with the sender before attempting to serve it
274	274	upon the respondent. The clerk of the court is responsible for furnishing to the
275	275	sheriff information on the respondent's physical description and location. Service
276	276	under this subsection (l) takes precedence over the service of other documents,
277	277	unless the other documents are of a similar emergency nature.
278	278	(2) All orders issued, changed, continued, extended, or vacated after the
279	279	original service of documents pursuant to subdivision (l)(1) must be certified by
280	280	the clerk of the court and delivered to the parties at the time of the entry of the
281	281	order. The parties may acknowledge receipt of such order in writing on the face
282	282	of the original order. If a party fails or refuses to acknowledge the receipt of a
283	283	certified copy of an order, then the clerk shall note on the original order that
284	284	service was effected. If delivery at the hearing is not possible, then the clerk
285	285	shall mail certified copies of the order to the parties at the last known address of
286	286	each party. Service by mail is complete upon mailing. When an order is served
287	287	pursuant to this subdivision (l)(2), the clerk shall prepare a written certification to
288	288	be placed in the court file specifying the time, date, and method of service and
289	289	shall notify the sheriff.
290	290	(m)
291	291	(1) The respondent may submit one (1) written request for a hearing to
292	292	vacate an extreme risk protection order issued under this section, starting after
293	293	the date of the issuance of the order, and may request another hearing after
294	294	every extension of the order, if any.
295	295
296	296
297	297	- 11 - 003048
298	298
299	299	(2) Upon receipt of the request for a hearing to vacate an extreme risk
300	300	protection order, the court shall set a date for a hearing. Notice of the request
301	301	and hearing must be served on the petitioner in accordance with subsection (l).
302	302	The hearing must occur no sooner than fourteen (14) days and no later than
303	303	thirty (30) days after the date of service of the request upon the petitioner.
304	304	(3) The respondent has the burden of proving by clear and convincing
305	305	evidence that the respondent does not pose a significant danger of causing
306	306	personal injury to the respondent or others by having in the respondent's custody
307	307	or control, purchasing, possessing, or receiving a firearm or ammunition. The
308	308	court may consider all relevant evidence, including the evidence described in
309	309	subsection (e).
310	310	(4) If the court finds after the hearing that the respondent has met the
311	311	burden of proof, then the court must vacate the order.
312	312	(5) The clerk of the court shall notify the law enforcement agency holding
313	313	any firearm or ammunition or handgun carry permit that has been surrendered
314	314	pursuant to § 39-17-1368 of the court order to vacate the extreme risk protection
315	315	order.
316	316	(n) The court shall notify the petitioner of the impending end of an extreme risk
317	317	protection order. Notice must be received by the petitioner at least thirty (30) days
318	318	before the date the order ends.
319	319	(o)
320	320	(1) The petitioner may, by motion, request an extension of an extreme
321	321	risk protection order at any time within thirty (30) days before the end of the
322	322	order.
323	323
324	324
325	325	- 12 - 003048
326	326
327	327	(2) Upon receipt of the motion to extend, the court shall order that a
328	328	hearing be held no later than fourteen (14) days after receipt of the motion and
329	329	shall schedule such hearing; provided, that if the motion to extend is filed within
330	330	fourteen (14) days of the date the extreme risk protection order is due to expire,
331	331	then the court shall also order a temporary extension of the extreme risk
332	332	protection order to coincide with the date of the hearing. The respondent must
333	333	be personally served in the same manner provided by subsection (l).
334	334	(3) In determining whether to extend an extreme risk protection order
335	335	issued under this section, the court may consider all relevant evidence, including
336	336	the evidence described in subsection (e).
337	337	(4) If the court finds by clear and convincing evidence that the
338	338	requirements for issuance of an extreme risk protection order as provided in this
339	339	section continue to be met, then the court must extend the order. However, if,
340	340	after notice to the respondent, the motion for extension is uncontested and no
341	341	modification of the order is sought, then the order may be extended on the basis
342	342	of a motion or affidavit stating that there has been no material change in relevant
343	343	circumstances since entry of the order and stating the reason for the requested
344	344	extension.
345	345	(5) The court may extend an extreme risk protection order for a period
346	346	that it deems appropriate, up to twelve (12) months.
347	347	39-17-1368.
348	348	(a) Upon issuance of an extreme risk protection order pursuant to § 39-17-1367,
349	349	including a temporary ex parte extreme risk protection order, the court shall order the
350	350	respondent to surrender to the local law enforcement agency all firearms and
351	351	ammunition owned by the respondent or in the respondent's custody, control, or
352	352
353	353
354	354	- 13 - 003048
355	355
356	356	possession, except as provided in § 39-17-1370, and any handgun carry permit issued
357	357	under § 39-17-1351 or § 39-17-1366, held by the respondent.
358	358	(b) The law enforcement officer serving an extreme risk protection order issued
359	359	pursuant to § 39-17-1367, including a temporary ex parte extreme risk protection order,
360	360	shall request that the respondent immediately surrender all firearms and ammunition
361	361	owned by the respondent or in the respondent's custody, control, or possession and any
362	362	handgun carry permit issued under § 39-17-1351 or § 39-17-1366, held by the
363	363	respondent. The law enforcement officer shall take possession of all firearms and
364	364	ammunition owned by the respondent or in the respondent's custody, control, or
365	365	possession and any handgun carry permit issued under § 39-17-1351 or § 39-17-1366,
366	366	held by the respondent, which are surrendered. Alternatively, if personal service by a
367	367	law enforcement officer is not possible or is not required because the respondent was
368	368	present at the extreme risk protection order hearing, then the respondent must surrender
369	369	all firearms and ammunition owned by the respondent or in the respondent's custody,
370	370	control, or possession and each handgun carry permit issued under § 39-17-1351 or §
371	371	39-17-1366, held by the respondent, in a safe manner to the control of the local law
372	372	enforcement agency immediately after being served with the order by service or
373	373	immediately after the hearing at which the respondent was present. A law enforcement
374	374	officer may seek a search warrant from a court of competent jurisdiction to conduct a
375	375	search for firearms or ammunition owned or held by the respondent if the officer has
376	376	probable cause to believe that there are firearms or ammunition in the respondent's
377	377	custody, control, or possession that have not been surrendered.
378	378	(c) At the time of surrender, a law enforcement officer taking possession of a
379	379	firearm or ammunition owned by the respondent or in the respondent's custody, control,
380	380	or possession, or a handgun carry permit issued under § 39-17-1351 or § 39-17-1366,
381	381
382	382
383	383	- 14 - 003048
384	384
385	385	held by the respondent shall issue a receipt identifying all firearms and the quantity and
386	386	type of ammunition that have been surrendered, and any permit surrendered, and shall
387	387	provide a copy of the receipt to the respondent. Within seventy-two (72) hours after
388	388	service of the order, the law enforcement officer serving the order shall file the original
389	389	receipt with the court and shall ensure that the officer's law enforcement agency retains
390	390	a copy of the receipt.
391	391	(d) Upon the sworn statement or testimony of any person alleging that the
392	392	respondent has failed to comply with the surrender of firearms or ammunition as
393	393	required by an order issued pursuant to § 39-17-1367, the court shall determine whether
394	394	probable cause exists to believe that the respondent has failed to surrender all firearms
395	395	or ammunition owned by the respondent or in the respondent's custody, control, or
396	396	possession. If the court finds that probable cause exists, then the court must issue a
397	397	warrant describing the firearms or ammunition owned or possessed by the respondent
398	398	and authorizing a search of the locations where the firearms or ammunition owned or
399	399	possessed by the respondent are reasonably believed to be found and the seizure of
400	400	firearms or ammunition owned or possessed by the respondent discovered pursuant to
401	401	the search.
402	402	(e) If a person other than the respondent claims title to firearms or ammunition
403	403	surrendered pursuant to this section and the person is determined by the law
404	404	enforcement agency to be the lawful owner of the firearm or ammunition, then the
405	405	firearm or ammunition must be returned to the person, if:
406	406	(1) The lawful owner agrees to store the firearm or ammunition in a
407	407	manner such that the respondent does not have access to or control of the
408	408	firearm or ammunition; and
409	409
410	410
411	411	- 15 - 003048
412	412
413	413	(2) The firearm or ammunition is not otherwise unlawfully possessed by
414	414	the owner.
415	415	(f) Upon the issuance of an extreme risk protection order, the court shall order a
416	416	new hearing date and require the respondent to appear no later than three (3) business
417	417	days after the issuance of the order. At the hearing, the court shall require proof that the
418	418	respondent has surrendered all firearms or ammunition owned by the respondent or in
419	419	the respondent's custody, control, or possession. The court may cancel the hearing
420	420	upon a satisfactory showing that the respondent is in compliance with the order.
421	421	(g) All law enforcement agencies must develop policies and procedures
422	422	regarding the acceptance, storage, and return of firearms, ammunition, or licenses
423	423	required to be surrendered under this section.
424	424	39-17-1369.
425	425	(a) If an extreme risk protection order issued pursuant to § 39-17-1367 is
426	426	vacated or ends without extension, then a law enforcement agency holding a firearm or
427	427	ammunition owned by the respondent or a handgun carry permit issued under § 39-17-
428	428	1351 or § 39-17-1366, held by the respondent, that has been surrendered or seized
429	429	pursuant to an extreme risk protection order must return the surrendered firearm,
430	430	ammunition, or permit, as requested by a respondent only after confirming through a
431	431	background check that the respondent is currently eligible to own or possess firearms
432	432	and ammunition under federal and state law and after confirming with the court that the
433	433	extreme risk protection order has been vacated or has ended without extension.
434	434	(b) If an extreme risk protection order is vacated or ends without extension, then
435	435	the department of safety, if the department has suspended a handgun carry permit
436	436	issued under § 39-17-1351 or § 39-17-1366 pursuant to the entry of an extreme risk
437	437	protection order under § 39-17-1367, must reinstate the permit only after confirming that
438	438
439	439
440	440	- 16 - 003048
441	441
442	442	the respondent is currently eligible to have a handgun carry permit issued under § 39-
443	443	17-1351 or § 39-17-1366.
444	444	(c) A law enforcement agency must provide notice to each family or household
445	445	member of the respondent before returning a surrendered firearm and ammunition
446	446	owned by the respondent.
447	447	(d) A firearm and ammunition surrendered by a respondent pursuant to § 39-17-
448	448	1368 that remains unclaimed by the lawful owner for one (1) year after an order to
449	449	vacate the extreme risk protection order must be disposed of pursuant to § 39-17-1317.
450	450	39-17-1370.
451	451	A respondent in an action pursuant to § 39-17-1367 may elect to transfer all
452	452	firearms and ammunition owned by the respondent that have been surrendered to or
453	453	seized by a local law enforcement agency pursuant to the extreme risk protection order
454	454	to another person who is willing to receive the respondent's firearms and ammunition.
455	455	The law enforcement agency shall allow such a transfer only if it is determined that the
456	456	chosen recipient:
457	457	(1) Currently is eligible to own or possess a firearm and ammunition
458	458	under federal and state law after confirmation through a background check;
459	459	(2) Attests to storing the firearms and ammunition in a manner such that
460	460	the respondent does not have access to or control of the firearms and
461	461	ammunition until the extreme risk protection order against the respondent is
462	462	vacated or ends without extension; and
463	463	(3) Attests not to transfer the firearms or ammunition back to the
464	464	respondent until the extreme risk protection order against the respondent is
465	465	vacated or ends without extension.
466	466	39-17-1371.
467	467
468	468
469	469	- 17 - 003048
470	470
471	471	(a) Within twenty-four (24) hours after issuance of an order pursuant to § 39-17-
472	472	1367, the clerk of the court shall enter the extreme risk protection order or temporary ex
473	473	parte extreme risk protection order into the uniform case reporting system.
474	474	(b) Within twenty-four (24) hours after issuance, the clerk of the court shall
475	475	forward a copy of an order issued pursuant to § 39-17-1367 to the appropriate law
476	476	enforcement agency specified in the order. Upon receipt of the copy of the order, the
477	477	law enforcement agency shall enter the order into the national crime information center
478	478	and similar state databases. The order must remain in each system for the period stated
479	479	in the order, and the law enforcement agency may only remove an order from the
480	480	systems which has ended or has been vacated. Entry of the order into the national
481	481	crime information center and similar state databases constitutes notice to all law
482	482	enforcement agencies of the existence of the order. The order is fully enforceable in
483	483	each county in this state.
484	484	(c) The issuing court shall, within three (3) business days after issuance of an
485	485	extreme risk protection order or temporary ex parte extreme risk protection order,
486	486	forward all available identifying information concerning the respondent, along with the
487	487	date of order issuance, to the department of safety. Upon receipt of the information, the
488	488	department shall determine if the respondent has a handgun carry permit issued
489	489	pursuant to § 39-17-1351 or § 39-17-1366. If the respondent does have a handgun
490	490	carry permit, then the department must immediately suspend the permit.
491	491	(d) If an extreme risk protection order is vacated before its end date, the clerk of
492	492	the court shall, on the day of the order to vacate, forward a copy of the order to the
493	493	department of safety and the appropriate law enforcement agency specified in the order
494	494	to vacate. Upon receipt of the order, the law enforcement agency shall promptly remove
495	495
496	496
497	497	- 18 - 003048
498	498
499	499	the order from any computer-based system in which it was entered pursuant to
500	500	subsection (b).
501	501	39-17-1372.
502	502	(a) A person who makes a false statement under oath in a hearing held pursuant
503	503	to § 39-17-1367 in regard to a material matter commits perjury under § 39-16-702.
504	504	(b) A person who has in the person's custody or control a firearm or ammunition
505	505	or who purchases, possesses, or receives a firearm or ammunition with knowledge that
506	506	the person is prohibited from doing so by an order issued pursuant to § 39-17-1367
507	507	commits a Class E felony.
508	508	39-17-1373.
509	509	The surrender of a firearm or ammunition pursuant to § 39-17-1368 does not
510	510	affect the ability of a law enforcement officer to remove a firearm or ammunition or
511	511	handgun carry permit from a person or to conduct a search and seizure for firearms or
512	512	ammunition pursuant to other lawful authority.
513	513	39-17-1374.
514	514	Except as provided in § 39-17-1372, there is no criminal or civil liability on a
515	515	person or entity for acts or omissions related to obtaining an extreme risk protection
516	516	order or temporary ex parte extreme risk protection order, including, but not limited to,
517	517	providing notice to the petitioner, a family or household member of the respondent, and
518	518	any known third party who may be at risk of violence or failure to provide such notice, or
519	519	reporting, declining to report, investigating, declining to investigate, filing, or declining to
520	520	file, a petition pursuant to § 39-17-1367.
521	521	39-17-1375.
522	522	(a)
523	523
524	524
525	525	- 19 - 003048
526	526
527	527	(1) The administrative office of the courts shall develop and prepare
528	528	instructions and informational brochures, standard petitions and extreme risk
529	529	protection order forms, and a court staff handbook on the extreme risk protection
530	530	order process. The standard petition and order forms must be used after
531	531	January 1, 2026, for all petitions filed and orders issued pursuant to § 39-17-
532	532	1367. The instructions, brochures, forms, and handbook must be prepared in
533	533	consultation with interested persons, including clerks, judges, and law
534	534	enforcement personnel. Materials must be based on best practices and must be
535	535	available online to the public.
536	536	(2) The instructions must be designed to assist petitioners in completing
537	537	the petition and must include a sample of a standard petition and order for
538	538	protection forms.
539	539	(3) The instructions and standard petition must include a means for the
540	540	petitioner to identify the firearms or ammunition the respondent may own,
541	541	possess, receive, or have in the respondent's custody or control. The
542	542	instructions must provide pictures of types of firearms and ammunition that the
543	543	petitioner may choose from to identify the relevant firearms or ammunition, or
544	544	must provide an equivalent means to allow petitioners to identify firearms or
545	545	ammunition without requiring specific or technical knowledge regarding the
546	546	firearms or ammunition.
547	547	(4) The informational brochure must describe the use of and the process
548	548	for obtaining, extending, and vacating an extreme risk protection order under §
549	549	39-17-1367 and must provide relevant forms.
550	550	(5) The extreme risk protection order form must include, in a conspicuous
551	551	location, notice of criminal penalties resulting from a violation of the order and the
552	552
553	553
554	554	- 20 - 003048
555	555
556	556	following statement: "You have the sole responsibility to avoid or refrain from
557	557	violating this order's provisions. Only the court can change the order and only
558	558	upon written request.".
559	559	(6) The court staff handbook must allow for the addition of a community
560	560	resource list by the clerk of the court.
561	561	(b) A clerk of the court may create a community resource list of crisis
562	562	intervention, mental health, substance abuse, interpreter, counseling, and other relevant
563	563	resources serving the county in which the court is located. The court may make the
564	564	community resource list available as part of or in addition to the informational brochures
565	565	described in subsection (a).
566	566	(c) The administrative office of the courts shall distribute a master copy of the
567	567	petition and order forms, instructions, and informational brochures to the clerks of court.
568	568	Distribution of all documents must, at a minimum, be in an electronic format or formats
569	569	accessible to all courts and clerks of court in the state.
570	570	(d) Within ninety (90) days after receipt of the master copy from the
571	571	administrative office of the courts, the clerk of the court shall make available the
572	572	standardized forms, instructions, and informational brochures required by this section.
573	573	(e) The administrative office of the courts shall update the instructions,
574	574	brochures, standard petition and extreme risk protection order forms, and court staff
575	575	handbook as necessary, including when changes in the law make an update necessary.
576	576	SECTION 2. Tennessee Code Annotated, Title 39, Chapter 17, Part 13, is amended by
577	577	adding the following as a new section:
578	578	(a) It is an offense to store or keep a firearm in any place unless the firearm is
579	579	secured in a locked container, unloaded, and separate from ammunition so as to render
580	580
581	581
582	582	- 21 - 003048
583	583
584	584	the firearm inoperable by a person other than the owner or another lawfully authorized
585	585	user.
586	586	(b) A violation of subsection (a) is a Class A misdemeanor.
587	587	(c) This section does not apply to a firearm that is carried by or under the control
588	588	of the owner or another lawfully authorized user.
589	589	SECTION 3. Tennessee Code Annotated, Section 39-17-1316(c), is amended by
590	590	redesignating the existing language as subdivision (c)(1) and adding the following subdivision
591	591	(c)(2):
592	592	(2) Except with respect to transactions between persons licensed as dealers
593	593	under 18 U.S.C. § 923, a gun dealer shall not deliver a firearm to a purchaser until
594	594	fifteen (15) business days after compliance with subdivision (c)(1).
595	595	SECTION 4. This act takes effect July 1, 2025, the public welfare requiring it.