Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0500 Compare Versions

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

Old	New	Differences
1	1
2	2	HOUSE BILL 430
3	3	By Jones J
4	4
5	5	SENATE BILL 500
6	6	By Kyle
7	7
8	8
9	9	SB0500
10	10	002129
11	11	- 1 -
12	12
13	13	AN ACT to amend Tennessee Code Annotated, Title 4;
14	14	Title 8; Title 10; Title 13; Title 16; Title 29; Title 33;
15	15	Title 36; Title 37; Title 38; Title 39; Title 40; Title
16	16	47; Title 49; Title 50; Title 55; Title 58; Title 65;
17	17	Title 68 and Title 70, relative to firearms.
18	18
19	19	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
20	20	SECTION 1. This act is known and may be cited as the "Protect Kids Not Guns Act."
21	21	SECTION 2. Tennessee Code Annotated, Title 39, Chapter 17, Part 13, is amended by
22	22	adding the following as a new section:
23	23	(a) It is an offense to store or keep a firearm in any place unless the firearm is
24	24	secured in a locked container or equipped with a tamper-resistant mechanical lock or
25	25	other safety device that is properly engaged so as to render the firearm inoperable by
26	26	any person other than the owner or another lawfully authorized user.
27	27	(b) A violation of subsection (a) is a Class A misdemeanor.
28	28	(c) This section does not apply to a firearm that is carried by or under the control
29	29	of the owner or other lawfully authorized user.
30	30	SECTION 3. Tennessee Code Annotated, Title 39, Chapter 17, Part 13, is amended by
31	31	adding the following as a new section:
32	32	(a) As used in this section:
33	33	(1) "Large-capacity magazine" means an ammunition feeding device with
34	34	capacity to accept more than ten (10) rounds; and
35	35	(2) "Manufacturing" includes both fabricating a magazine and assembling
36	36	a magazine from a combination of parts, including, but not limited to, the body,
37	37
38	38
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40	40
41	41	spring, follower, and floor plate or end plate, to be a fully functioning large-
42	42	capacity magazine.
43	43	(b)
44	44	(1) Except as provided in subdivision (b)(2), it is an offense for a person
45	45	to possess a large-capacity magazine, regardless of the date on which the
46	46	magazine was acquired.
47	47	(2) Subdivision (b)(1) does not apply to the sale, giving, lending,
48	48	possession, importation into this state, or purchase of any large-capacity
49	49	magazine to or by any federal, state, or local law enforcement agency, for use by
50	50	agency employees in the discharge of official duties, whether on or off duty, and
51	51	where the use is authorized by the agency and is within the course and scope of
52	52	the employee's official duties.
53	53	(3) An offense under this subsection (b) is a Class B misdemeanor.
54	54	(c)
55	55	(1) Except as provided in subdivision (c)(2), it is an offense for a person
56	56	to manufacture or cause to be manufactured, import, keep for sale, or offer or
57	57	expose for sale, or to give, lend, buy, or receive a large-capacity magazine.
58	58	(2) Subdivision (c)(1) does not apply to the sale, giving, lending,
59	59	possession, importation into this state, or purchase of any large-capacity
60	60	magazine to or by any federal, state, or local law enforcement agency, for use by
61	61	agency employees in the discharge of official duties, whether on or off duty, and
62	62	where the use is authorized by the agency and is within the course and scope of
63	63	the employee's duties.
64	64	(3) An offense under this subsection (c) is a Class A misdemeanor.
65	65
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69	69	(d) A person who is not lawfully authorized to possess a large-capacity
70	70	magazine pursuant to subsections (b) and (c) shall:
71	71	(1) Remove the large-capacity magazine from this state;
72	72	(2) Sell the large-capacity magazine to a licensed firearms dealer located
73	73	out of this state; or
74	74	(3) Surrender the large-capacity magazine to a law enforcement agency
75	75	for destruction.
76	76	SECTION 4. Tennessee Code Annotated, Section 39-17-1307, is amended by deleting
77	77	subsection (g).
78	78	SECTION 5. Tennessee Code Annotated, Section 39-17-1313(a), is amended by
79	79	deleting "or who lawfully carries a handgun pursuant to § 39-17-1307(g)".
80	80	SECTION 6. Tennessee Code Annotated, Title 39, Chapter 17, Part 13, is amended by
81	81	adding the following as a new section:
82	82	(a) As used in this section:
83	83	(1) "Family member" means a spouse, parent, grandparent, sibling, child,
84	84	or grandchild, whether the relationship is by blood, marriage, or adoption; and
85	85	(2) "Gun dealer" means a person engaged in the business, as defined in
86	86	18 U.S.C. § 921, of selling, leasing, or otherwise transferring a firearm, whether
87	87	the person is a retail dealer, pawnbroker, or otherwise.
88	88	(b) A person shall not sell or transfer ownership of a firearm, or purchase or
89	89	obtain ownership of a firearm, unless one (1) of the following applies:
90	90	(1) The seller or transferor is a gun dealer;
91	91	(2) The seller or transferor makes the sale or transfer to or through a gun
92	92	dealer and obtains a receipt;
93	93
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96	96
97	97	(3) The sale or transfer of ownership of the firearm is one (1) of the
98	98	following:
99	99	(A) A firearm classified as an antique firearm under 18 U.S.C. §
100	100	921;
101	101	(B) A transfer of a firearm between gun dealers or between
102	102	wholesalers and dealers; or
103	103	(C) A transfer of any firearm to a law enforcement or military
104	104	agency;
105	105	(4) The transferor is transferring ownership of the firearm to a family
106	106	member by gift, bequest, or inheritance; the transferee is not prohibited from
107	107	possessing a firearm under this part; and the transferee is at least eighteen (18)
108	108	years of age; or
109	109	(5) The transferor is transferring ownership of the firearm with the intent
110	110	that the transfer be temporary, neither the transferor nor the transferee is
111	111	prohibited from possessing a firearm under this part, and the purpose of the
112	112	transfer is not prohibited by law.
113	113	(c) Any person who intentionally violates subsection (b) commits a Class B
114	114	misdemeanor and shall be fined not less than five hundred dollars ($500) nor more than
115	115	ten thousand dollars ($10,000) and may be imprisoned for a period not to exceed nine
116	116	(9) months. A person convicted under this section is prohibited from possessing a
117	117	firearm for a period of two (2) years.
118	118	SECTION 7. Tennessee Code Annotated, Title 39, Chapter 17, Part 13, is amended by
119	119	adding the following new sections:
120	120	39-17-1367.
121	121	(a) As used in this section:
122	122
123	123
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125	125
126	126	(1) "Extreme risk protection order" means a temporary ex parte order or a
127	127	final order granted pursuant to this section;
128	128	(2) "Petitioner" means a:
129	129	(A) Law enforcement officer or a law enforcement agency;
130	130	(B) Person who is the current or former spouse of the respondent;
131	131	(C) Person who lives or lived with the respondent;
132	132	(D) Person who is dating, has dated, or is or has been engaged in
133	133	a sexual relationship with the respondent. "Dating" and "dated" do not
134	134	include fraternization between two (2) individuals in a business or social
135	135	context;
136	136	(E) Person related to the respondent by blood or adoption; or
137	137	(F) Person who is or was related to the respondent by marriage;
138	138	and
139	139	(3) "Respondent" means the individual who is identified as the
140	140	respondent in a petition filed pursuant to this section.
141	141	(b)
142	142	(1) There is created an action known as a petition for an extreme risk
143	143	protection order.
144	144	(2) A petition for an extreme risk protection order may be filed by a
145	145	petitioner.
146	146	(3) A petition for an extreme risk protection order must be filed in the
147	147	county where the petitioner resides or the petitioner's law enforcement agency is
148	148	located, as applicable, or the county where the respondent resides.
149	149	(4) A petition for an extreme risk protection order does not require either
150	150	party to be represented by an attorney.
151	151
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154	154
155	155	(5) Notwithstanding any other law, attorney fees must not be awarded in
156	156	any proceeding under this section.
157	157	(6) A petition must:
158	158	(A) Identify the reasons why the petitioner believes that the
159	159	respondent poses a risk of causing bodily injury to the respondent's self
160	160	or others by having a firearm or any ammunition in the respondent's
161	161	custody or control or by purchasing, possessing, or receiving a firearm or
162	162	any ammunition;
163	163	(B) Identify the quantities, types, and locations of all firearms and
164	164	ammunition the petitioner believes to be in the respondent's current
165	165	ownership, possession, custody, or control;
166	166	(C) Identify whether there is a known existing protection order
167	167	governing the respondent under title 36, chapter 3, part 6 or under any
168	168	other applicable statute;
169	169	(D) Identify whether there is any other pending legal action
170	170	between the parties in any jurisdiction; and
171	171	(E) Include a physical description of the respondent and the
172	172	respondent's last known location.
173	173	(7) The petitioner must make a good faith effort to provide notice to a
174	174	family or household member of the respondent and to any known third party who
175	175	may be at risk of violence. The notice must state that the petitioner intends to
176	176	petition the court for an extreme risk protection order or has already done so and,
177	177	if the petitioner is a law enforcement officer or a law enforcement agency, must
178	178	include referrals to appropriate resources, including mental health, domestic
179	179	violence, and counseling resources. The petitioner must attest in the petition to
180	180
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183	183
184	184	having provided such notice or must attest to the steps that will be taken to
185	185	provide such notice.
186	186	(8) If the petitioner is a law enforcement officer or a law enforcement
187	187	agency, then the petitioner must list the address of record on the petition as
188	188	being where the appropriate law enforcement agency is located.
189	189	(9) A court or a public agency shall not charge fees for filing or for service
190	190	of process to a petitioner seeking relief under this section and must provide the
191	191	necessary number of certified copies, forms, and instructional brochures free of
192	192	charge.
193	193	(10) A person is not required to post a bond to obtain relief in any
194	194	proceeding under this section.
195	195	(11) The circuit courts of this state have jurisdiction over proceedings
196	196	under this section.
197	197	(c)
198	198	(1) Upon receipt of a petition, the court must order a hearing to be held
199	199	no later than fourteen (14) days after the date the petition is filed and must issue
200	200	a notice of hearing to the respondent.
201	201	(2) The clerk of the court shall cause a copy of the notice of hearing and
202	202	petition to be forwarded on or before the next business day to the appropriate law
203	203	enforcement agency for service upon the respondent as provided in subsection
204	204	(l).
205	205	(3) The court may, as provided in subsection (k), issue a temporary ex
206	206	parte extreme risk protection order pending the hearing ordered under this
207	207	subsection (c). A temporary ex parte order must be served concurrently with the
208	208	notice of hearing and petition as provided in subsection (l).
209	209
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212	212
213	213	(d) Upon notice and a hearing on the matter, if the court finds by a
214	214	preponderance of the evidence that the respondent poses a risk of causing bodily injury
215	215	to the respondent's self or others by having in the respondent's custody or control, or by
216	216	purchasing, possessing, or receiving, a firearm or any ammunition, then the court shall
217	217	issue an extreme risk protection order for an appropriate period of up to twelve (12)
218	218	months.
219	219	(e) In determining whether grounds for an extreme risk protection order exist, the
220	220	court may consider any relevant evidence, including, but not limited to, the following:
221	221	(1) A recent act or threat of violence by the respondent against the
222	222	respondent's self or others, whether or not the violence or threat of violence
223	223	involves a firearm;
224	224	(2) An act or threat of violence by the respondent within the past twelve
225	225	(12) months, including, but not limited to, an act or threat of violence by the
226	226	respondent against the respondent's self or others;
227	227	(3) Evidence of the respondent being seriously mentally ill or having
228	228	recurring mental health issues;
229	229	(4) A violation by the respondent of an order of protection issued
230	230	pursuant to title 36, chapter 3, part 6;
231	231	(5) A previous or existing extreme risk protection order issued against the
232	232	respondent;
233	233	(6) A violation of a previous or existing extreme risk protection order
234	234	issued against the respondent;
235	235	(7) Whether the respondent, in this state or any other state, has been
236	236	convicted of, had adjudication withheld on, or pled nolo contendere to a crime
237	237	involving domestic abuse as defined in § 36-3-601;
238	238
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241	241
242	242	(8) Whether the respondent has used or threatened to use, against the
243	243	respondent's self or others, any weapons;
244	244	(9) The unlawful or reckless use, display, or brandishing of a firearm by
245	245	the respondent;
246	246	(10) The recurring use of, or threat to use, physical force by the
247	247	respondent against another person or evidence of the respondent stalking
248	248	another person;
249	249	(11) Whether the respondent, in this state or any other state, has been
250	250	arrested for, convicted of, had adjudication withheld on, or pled nolo contendere
251	251	to a crime involving violence or a threat of violence;
252	252	(12) Corroborated evidence of the abuse of controlled substances or
253	253	alcohol by the respondent;
254	254	(13) Evidence of recent acquisition of firearms or ammunition by the
255	255	respondent;
256	256	(14) Any relevant information from family and household members
257	257	concerning the respondent; and
258	258	(15) Witness testimony, taken while the witness is under oath, relating to
259	259	the matter before the court.
260	260	(f) A person, including an officer of the court, who offers evidence or
261	261	recommendations relating to the petition shall:
262	262	(1) Present the evidence or recommendations in writing to the court with
263	263	copies to each party and the party's attorney, if retained; or
264	264	(2) Present the evidence under oath at a hearing at which all parties are
265	265	present.
266	266
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269	269
270	270	(g) During the hearing, the court shall consider whether a mental health
271	271	evaluation or substance abuse assessment is appropriate and may order such
272	272	evaluations if appropriate.
273	273	(h) An extreme risk protection order must include the following:
274	274	(1) A statement of the grounds supporting the issuance of the order;
275	275	(2) The date the order was issued;
276	276	(3) The date the order ends;
277	277	(4) Whether a mental health evaluation or substance abuse assessment
278	278	of the respondent is required;
279	279	(5) The address of the court in which any responsive pleading should be
280	280	filed;
281	281	(6) A description of the requirements for the surrender of all firearms and
282	282	ammunition that the respondent owns under § 39-17-1368; and
283	283	(7) The following statement:
284	284	To the subject of this protection order: This order will last until the
285	285	date noted above. If you have not done so already, you must surrender
286	286	immediately to the (insert name of local law enforcement agency) all
287	287	firearms and ammunition that you own or have in your custody, control, or
288	288	possession and any license to carry a handgun issued to you under
289	289	Tennessee Code Annotated, § 39-17-1351 or § 39-17-1366. You may
290	290	not have in your custody or control, or purchase, possess, receive, or
291	291	attempt to purchase or receive, a firearm or ammunition while this order is
292	292	in effect. You have the right to request a hearing to vacate this order,
293	293	starting after the date of the issuance of this order, and to request another
294	294
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297	297
298	298	hearing after every extension of this order, if any. You may seek the
299	299	advice of an attorney as to any matter connected with this order.
300	300	(i) If the court issues an extreme risk protection order, then the court must inform
301	301	the respondent that the respondent is entitled to request a hearing to vacate the order in
302	302	the manner provided by subsection (m). The court shall provide the respondent with a
303	303	form to request a hearing to vacate.
304	304	(j) If the court denies the petitioner's request for an extreme risk protection order,
305	305	then the court must issue a written order stating the particular reasons for the denial.
306	306	(k)
307	307	(1) A petitioner may request that a temporary ex parte extreme risk
308	308	protection order be issued before a hearing for an extreme risk protection order
309	309	and without notice to the respondent, by including in the petition detailed
310	310	allegations based on personal knowledge that the respondent poses a risk of
311	311	causing bodily injury to the respondent's self or others in the near future by
312	312	having in the respondent's custody or control, or by purchasing, possessing, or
313	313	receiving, a firearm or ammunition.
314	314	(2) In considering whether to issue a temporary ex parte extreme risk
315	315	protection order under this subsection (k), the court shall consider all relevant
316	316	evidence, including the evidence described in subsection (e).
317	317	(3) If a court finds there is reasonable cause to believe that the
318	318	respondent poses a risk of causing bodily injury to the respondent's self or others
319	319	in the near future by having in the respondent's custody or control, or by
320	320	purchasing, possessing, or receiving, a firearm or ammunition, then the court
321	321	shall issue a temporary ex parte extreme risk protection order.
322	322
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325	325
326	326	(4) The court shall hold a temporary ex parte extreme risk protection
327	327	order hearing in person or by telephone on the day the petition is filed or the next
328	328	business day.
329	329	(5) A temporary ex parte extreme risk protection order must include the
330	330	following:
331	331	(A) A statement of the grounds asserted for the order;
332	332	(B) The date the order was issued;
333	333	(C) The address of the court in which any responsive pleading
334	334	may be filed;
335	335	(D) The date and time of the scheduled hearing;
336	336	(E) A description of the requirements for the surrender of all
337	337	firearms and ammunition that the respondent owns, pursuant to § 39-17-
338	338	1368; and
339	339	(F) The following statement:
340	340	To the subject of this protection order: This order is valid
341	341	until the date noted above. You are required to surrender all
342	342	firearms and ammunition that you own or have in your custody,
343	343	control, or possession. You may not have in your custody or
344	344	control, or purchase, possess, receive, or attempt to purchase or
345	345	receive, a firearm or ammunition while this order is in effect. You
346	346	must surrender immediately to the (insert name of local law
347	347	enforcement agency) all firearms and ammunition in your custody,
348	348	control, or possession and any license to carry a handgun issued
349	349	to you under Tennessee Code Annotated, § 39-17-1351 or § 39-
350	350	17-1366. A hearing will be held on the date and at the time noted
351	351
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354	354
355	355	above to determine if an extreme risk protection order should be
356	356	issued. Failure to appear at that hearing may result in a court
357	357	issuing an order against you which is valid for one (1) year. You
358	358	may seek the advice of an attorney as to any matter connected
359	359	with this order.
360	360	(6) A temporary ex parte extreme risk protection order expires upon the
361	361	hearing on the extreme risk protection order.
362	362	(7) A temporary ex parte extreme risk protection order must be served by
363	363	a law enforcement officer in the same manner as provided for in subsection (l) for
364	364	service of the notice of hearing and petition and must be served concurrently with
365	365	the notice of hearing and petition.
366	366	(8) If the court denies the petitioner's request for a temporary ex parte
367	367	extreme risk protection order, then the court shall issue a written order stating the
368	368	particular reasons for the denial.
369	369	(l)
370	370	(1) The clerk of the court shall furnish a copy of the notice of hearing,
371	371	petition, and temporary ex parte extreme risk protection order or extreme risk
372	372	protection order, as applicable, to the sheriff of the county where the respondent
373	373	resides or can be found, who shall serve it upon the respondent as soon as
374	374	possible on any day of the week and at any time of the day or night. When
375	375	requested by the sheriff, the clerk of the court may transmit a facsimile copy of a
376	376	temporary ex parte extreme risk protection order or an extreme risk protection
377	377	order that has been certified by the clerk of the court, and this facsimile copy may
378	378	be served in the same manner as a certified copy. Upon receiving a facsimile
379	379	copy, the sheriff shall verify receipt with the sender before attempting to serve it
380	380
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383	383
384	384	upon the respondent. The clerk of the court is responsible for furnishing to the
385	385	sheriff information on the respondent's physical description and location. Service
386	386	under this subsection (l) takes precedence over the service of other documents,
387	387	unless the other documents are of a similar emergency nature.
388	388	(2) All orders issued, changed, continued, extended, or vacated after the
389	389	original service of documents pursuant to subdivision (l)(1) must be certified by
390	390	the clerk of the court and delivered to the parties at the time of the entry of the
391	391	order. The parties may acknowledge receipt of such order in writing on the face
392	392	of the original order. If a party fails or refuses to acknowledge the receipt of a
393	393	certified copy of an order, then the clerk shall note on the original order that
394	394	service was effected. If delivery at the hearing is not possible, then the clerk
395	395	shall mail certified copies of the order to the parties at the last known address of
396	396	each party. Service by mail is complete upon mailing. When an order is served
397	397	pursuant to this subdivision (l)(2), the clerk shall prepare a written certification to
398	398	be placed in the court file specifying the time, date, and method of service and
399	399	shall notify the sheriff.
400	400	(m)
401	401	(1) The respondent may submit one (1) written request for a hearing to
402	402	vacate an extreme risk protection order issued under this section, starting after
403	403	the date of the issuance of the order, and may request another hearing after
404	404	subsequent extensions of the order, if any.
405	405	(2) Upon receipt of the request for a hearing to vacate an extreme risk
406	406	protection order, the court shall set a date for a hearing. Notice of the request
407	407	and hearing must be served on the petitioner in accordance with subsection (l).
408	408
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411	411
412	412	The hearing must occur no sooner than fourteen (14) days and no later than
413	413	thirty (30) days after the date of service of the request upon the petitioner.
414	414	(3) The respondent has the burden of proving by a preponderance of the
415	415	evidence that the respondent does not pose a risk of causing bodily injury to the
416	416	respondent's self or others by having in the respondent's custody or control, or
417	417	purchasing, possessing, or receiving a firearm or ammunition. The court may
418	418	consider any relevant evidence, including the evidence described in subsection
419	419	(e).
420	420	(4) If the court finds after the hearing that the respondent has met the
421	421	burden of proof, then the court must vacate the order.
422	422	(5) The clerk of the court shall notify the law enforcement agency holding
423	423	any firearm or ammunition or handgun carry permit that has been surrendered
424	424	pursuant to § 39-17-1368 of the court order to vacate the extreme risk protection
425	425	order.
426	426	(n)
427	427	(1) The court shall notify the petitioner of the impending end of an
428	428	extreme risk protection order. Notice must be received by the petitioner at least
429	429	thirty (30) days before the date the order ends.
430	430	(2) The petitioner may, by motion, request an extension of an extreme
431	431	risk protection order at any time within thirty (30) days before the end of the
432	432	order.
433	433	(3) Upon receipt of the motion to extend, the court shall order that a
434	434	hearing be held no later than fourteen (14) days after receipt of the motion and
435	435	shall schedule such hearing; provided, that if the motion to extend is filed within
436	436	fourteen (14) days of the date the extreme risk protection order is due to expire,
437	437
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440	440
441	441	then the court shall also order a temporary extension of the extreme risk
442	442	protection order to coincide with the date of the hearing. The respondent must
443	443	be personally served in the same manner provided by subsection (l).
444	444	(4) In determining whether to extend an extreme risk protection order
445	445	issued under this section, the court may consider all relevant evidence, including
446	446	the evidence described in subsection (e).
447	447	(5) If the court finds by a preponderance of the evidence that the
448	448	requirements for issuance of an extreme risk protection order as provided in this
449	449	section continue to be met, then the court must extend the order. However, if,
450	450	after notice to the respondent, the motion for extension is uncontested and no
451	451	modification of the order is sought, then the order may be extended on the basis
452	452	of a motion or affidavit stating that there has been no material change in relevant
453	453	circumstances since entry of the order and stating the reason for the requested
454	454	extension.
455	455	(6) The court may extend an extreme risk protection order for a period
456	456	that it deems appropriate, up to twelve (12) months.
457	457	39-17-1368.
458	458	(a) Upon issuance of an extreme risk protection order pursuant to § 39-17-1367,
459	459	including a temporary ex parte extreme risk protection order, the court shall order the
460	460	respondent to surrender to the local law enforcement agency all firearms and
461	461	ammunition owned by the respondent or in the respondent's custody, control, or
462	462	possession, except as provided in § 39-17-1370, and any handgun carry permit issued
463	463	under § 39-17-1351 or § 39-17-1366, held by the respondent.
464	464	(b) The law enforcement officer serving an extreme risk protection order issued
465	465	pursuant to § 39-17-1367, including a temporary ex parte extreme risk protection order,
466	466
467	467
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469	469
470	470	shall request that the respondent immediately surrender all firearms and ammunition
471	471	owned by the respondent or in the respondent's custody, control, or possession and any
472	472	handgun carry permit issued under § 39-17-1351 or § 39-17-1366, held by the
473	473	respondent. The law enforcement officer shall take possession of all firearms and
474	474	ammunition owned by the respondent or in the respondent's custody, control, or
475	475	possession and any handgun carry permit issued under § 39-17-1351 or § 39-17-1366,
476	476	held by the respondent, which are surrendered. Alternatively, if personal service by a
477	477	law enforcement officer is not possible or is not required because the respondent was
478	478	present at the extreme risk protection order hearing, then the respondent must surrender
479	479	all firearms and ammunition owned by the respondent or in the respondent's custody,
480	480	control, or possession and any handgun carry permit issued under § 39-17-1351 or § 39-
481	481	17-1366, held by the respondent, in a safe manner to the control of the local law
482	482	enforcement agency immediately after being served with the order by service or
483	483	immediately after the hearing at which the respondent was present. A law enforcement
484	484	officer may seek a search warrant from a court of competent jurisdiction to conduct a
485	485	search for firearms or ammunition owned or held by the respondent if the officer has
486	486	probable cause to believe that there are firearms or ammunition in the respondent's
487	487	custody, control, or possession that have not been surrendered.
488	488	(c) At the time of surrender, a law enforcement officer taking possession of all
489	489	firearms or ammunition owned by the respondent or in the respondent's custody, control,
490	490	or possession, or any handgun carry permit issued under § 39-17-1351 or § 39-17-1366,
491	491	held by the respondent shall issue a receipt identifying all firearms and the quantity and
492	492	type of ammunition that have been surrendered, and any permit surrendered, and shall
493	493	provide a copy of the receipt to the respondent. Within seventy-two (72) hours after
494	494	service of the order, the law enforcement officer serving the order shall file the original
495	495
496	496
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498	498
499	499	receipt with the court and shall ensure that the officer's law enforcement agency retains
500	500	a copy of the receipt.
501	501	(d) Upon the sworn statement or testimony of any person alleging that the
502	502	respondent has failed to comply with the surrender of firearms or ammunition as
503	503	required by an order issued pursuant to § 39-17-1367, the court shall determine whether
504	504	probable cause exists to believe that the respondent has failed to surrender all firearms
505	505	or ammunition owned by the respondent or in the respondent's custody, control, or
506	506	possession. If the court finds that probable cause exists, then the court must issue a
507	507	warrant describing the firearms or ammunition owned or possessed by the respondent
508	508	and authorizing a search of the locations where the firearms or ammunition owned or
509	509	possessed by the respondent are reasonably believed to be found and the seizure of all
510	510	firearms or ammunition owned or possessed by the respondent discovered pursuant to
511	511	the search.
512	512	(e) If a person other than the respondent claims title to any firearms or
513	513	ammunition surrendered pursuant to this section and the person is determined by the
514	514	law enforcement agency to be the lawful owner of the firearm or ammunition, then the
515	515	firearm or ammunition must be returned to the person, if:
516	516	(1) The lawful owner agrees to store the firearm or ammunition in a
517	517	manner such that the respondent does not have access to or control of the
518	518	firearm or ammunition; and
519	519	(2) The firearm or ammunition is not otherwise unlawfully possessed by
520	520	the owner.
521	521	(f) Upon the issuance of an extreme risk protection order, the court shall order a
522	522	new hearing date and require the respondent to appear no later than three (3) business
523	523	days after the issuance of the order. At the hearing, the court shall require proof that the
524	524
525	525
526	526	- 19 - 002129
527	527
528	528	respondent has surrendered any firearms or ammunition owned by the respondent or in
529	529	the respondent's custody, control, or possession. The court may cancel the hearing
530	530	upon a satisfactory showing that the respondent is in compliance with the order.
531	531	(g) All law enforcement agencies shall develop policies and procedures
532	532	regarding the acceptance, storage, and return of firearms, ammunition, or licenses
533	533	required to be surrendered under this section.
534	534	39-17-1369.
535	535	(a) If an extreme risk protection order issued pursuant to § 39-17-1367 is
536	536	vacated or ends without extension, then a law enforcement agency holding a firearm or
537	537	any ammunition owned by the respondent or any handgun carry permit issued under §
538	538	39-17-1351 or § 39-17-1366, held by the respondent, that has been surrendered or
539	539	seized pursuant to an extreme risk protection order must return the surrendered firearm,
540	540	ammunition, or permit, as requested by a respondent only after confirming through a
541	541	background check that the respondent is currently eligible to own or possess firearms
542	542	and ammunition under federal and state law and after confirming with the court that the
543	543	extreme risk protection order has been vacated or has ended without extension.
544	544	(b) If an extreme risk protection order is vacated or ends without extension, then
545	545	the department of safety, if the department has suspended a handgun carry permit
546	546	issued under § 39-17-1351 or § 39-17-1366 pursuant to the entry of an extreme risk
547	547	protection order under § 39-17-1367, must reinstate the permit only after confirming that
548	548	the respondent is currently eligible to have a handgun carry permit issued under § 39-
549	549	17-1351 or § 39-17-1366.
550	550	(c) A law enforcement agency must provide notice to any family or household
551	551	members of the respondent before returning any surrendered firearm and ammunition
552	552	owned by the respondent.
553	553
554	554
555	555	- 20 - 002129
556	556
557	557	(d) Any firearm and ammunition surrendered by a respondent pursuant to § 39-
558	558	17-1368 that remains unclaimed by the lawful owner for one (1) year after an order
559	559	vacating the extreme risk protection order must be disposed of pursuant to § 39-17-
560	560	1317.
561	561	39-17-1370.
562	562	A respondent in an action pursuant to § 39-17-1367 may elect to transfer all
563	563	firearms and ammunition owned by the respondent that have been surrendered to or
564	564	seized by a local law enforcement agency pursuant to the extreme risk protection order
565	565	to another person who is willing to receive the respondent's firearms and ammunition.
566	566	The law enforcement agency shall allow such a transfer only if it is determined that the
567	567	chosen recipient:
568	568	(1) Currently is eligible to own or possess a firearm and ammunition
569	569	under federal and state law after confirmation through a background check;
570	570	(2) Attests to storing the firearms and ammunition in a manner such that
571	571	the respondent does not have access to or control of the firearms and
572	572	ammunition until the extreme risk protection order against the respondent is
573	573	vacated or ends without extension; and
574	574	(3) Attests not to transfer the firearms or ammunition back to the
575	575	respondent until the extreme risk protection order against the respondent is
576	576	vacated or ends without extension.
577	577	39-17-1371.
578	578	(a) Within twenty-four (24) hours after issuance of an order pursuant to § 39-17-
579	579	1367, the clerk of the court shall enter any extreme risk protection order or temporary ex
580	580	parte extreme risk protection order into the uniform case reporting system.
581	581
582	582
583	583	- 21 - 002129
584	584
585	585	(b) Within twenty-four (24) hours after issuance, the clerk of the court shall
586	586	forward a copy of an order issued pursuant to § 39-17-1367 to the appropriate law
587	587	enforcement agency specified in the order. Upon receipt of the copy of the order, the
588	588	law enforcement agency shall enter the order into the national crime information center
589	589	and similar state databases. The order must remain in each system for the period stated
590	590	in the order, and the law enforcement agency may only remove an order from the
591	591	systems which has ended or has been vacated. Entry of the order into the national
592	592	crime information center and similar state databases constitutes notice to all law
593	593	enforcement agencies of the existence of the order. The order is fully enforceable in any
594	594	county in this state.
595	595	(c) The issuing court shall, within three (3) business days after issuance of an
596	596	extreme risk protection order or temporary ex parte extreme risk protection order,
597	597	forward all available identifying information concerning the respondent, along with the
598	598	date of order issuance, to the department of safety. Upon receipt of the information, the
599	599	department shall determine if the respondent has a handgun carry permit issued
600	600	pursuant to § 39-17-1351 or § 39-17-1366. If the respondent does have a handgun
601	601	carry permit, then the department must immediately suspend the permit.
602	602	(d) If an extreme risk protection order is vacated before its end date, the clerk of
603	603	the court shall, on the day of the order to vacate, forward a copy of the order to the
604	604	department of safety and the appropriate law enforcement agency specified in the order
605	605	to vacate. Upon receipt of the order, the law enforcement agency shall promptly remove
606	606	the order from any computer-based system in which it was entered pursuant to
607	607	subsection (b).
608	608	39-17-1372.
609	609
610	610
611	611	- 22 - 002129
612	612
613	613	(a) A person who makes a false statement under oath in a hearing held pursuant
614	614	to § 39-17-1367 in regard to any material matter commits perjury under § 39-16-702.
615	615	(b) A person who has in the person's custody or control a firearm or any
616	616	ammunition or who purchases, possesses, or receives a firearm or any ammunition with
617	617	knowledge that the person is prohibited from doing so by an order issued pursuant to §
618	618	39-17-1367 commits a Class E felony.
619	619	39-17-1373.
620	620	The surrender of a firearm or ammunition pursuant to § 39-17-1368 does not
621	621	affect the ability of a law enforcement officer to remove a firearm or ammunition or
622	622	handgun carry permit from any person or to conduct any search and seizure for firearms
623	623	or ammunition pursuant to other lawful authority.
624	624	39-17-1374.
625	625	Except as provided in § 39-17-1372, there is no criminal or civil liability on any
626	626	person or entity for acts or omissions related to obtaining an extreme risk protection
627	627	order or temporary ex parte extreme risk protection order, including, but not limited to,
628	628	providing notice to the petitioner, a family or household member of the respondent, and
629	629	any known third party who may be at risk of violence or failure to provide such notice, or
630	630	reporting, declining to report, investigating, declining to investigate, filing, or declining to
631	631	file, a petition pursuant to § 39-17-1367.
632	632	39-17-1375.
633	633	(a)
634	634	(1) The administrative office of the courts shall develop and prepare
635	635	instructions and informational brochures, standard petitions and extreme risk
636	636	protection order forms, and a court staff handbook on the extreme risk protection
637	637	order process. The standard petition and order forms must be used after
638	638
639	639
640	640	- 23 - 002129
641	641
642	642	January 1, 2026, for all petitions filed and orders issued pursuant to § 39-17-
643	643	1367. The instructions, brochures, forms, and handbook must be prepared in
644	644	consultation with interested persons, including clerks, judges, and law
645	645	enforcement personnel. Materials must be based on best practices and must be
646	646	available online to the public.
647	647	(2) The instructions must be designed to assist petitioners in completing
648	648	the petition and must include a sample of a standard petition and order for
649	649	protection forms.
650	650	(3) The instructions and standard petition must include a means for the
651	651	petitioner to identify the firearms or ammunition the respondent may own,
652	652	possess, receive, or have in the respondent's custody or control. The
653	653	instructions must provide pictures of types of firearms and ammunition that the
654	654	petitioner may choose from to identify the relevant firearms or ammunition, or
655	655	must provide an equivalent means to allow petitioners to identify firearms or
656	656	ammunition without requiring specific or technical knowledge regarding the
657	657	firearms or ammunition.
658	658	(4) The informational brochure must describe the use of and the process
659	659	for obtaining, extending, and vacating an extreme risk protection order under §
660	660	39-17-1367 and must provide relevant forms.
661	661	(5) The extreme risk protection order form must include, in a conspicuous
662	662	location, notice of criminal penalties resulting from violation of the order and the
663	663	following statement: "You have the sole responsibility to avoid or refrain from
664	664	violating this order's provisions. Only the court can change the order and only
665	665	upon written request.".
666	666
667	667
668	668	- 24 - 002129
669	669
670	670	(6) The court staff handbook must allow for the addition of a community
671	671	resource list by the clerk of the court.
672	672	(b) A clerk of the court may create a community resource list of crisis
673	673	intervention, mental health, substance abuse, interpreter, counseling, and other relevant
674	674	resources serving the county in which the court is located. The court may make the
675	675	community resource list available as part of or in addition to the informational brochures
676	676	described in subsection (a).
677	677	(c) The administrative office of the courts shall distribute a master copy of the
678	678	petition and order forms, instructions, and informational brochures to the clerks of court.
679	679	Distribution of all documents must, at a minimum, be in an electronic format or formats
680	680	accessible to all courts and clerks of court in this state.
681	681	(d) Within ninety (90) days after receipt of the master copy from the
682	682	administrative office of the courts, the clerk of the court shall make available the
683	683	standardized forms, instructions, and informational brochures required by this section.
684	684	(e) The administrative office of the courts shall update the instructions,
685	685	brochures, standard petition and extreme risk protection order forms, and court staff
686	686	handbook as necessary, including when changes in the law make an update necessary.
687	687	SECTION 8. This act takes effect July 1, 2025, the public welfare requiring it.