Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB1350 Compare Versions

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

Old	New	Differences
1	1
2	2	<BillNo> <Sponsor>
3	3
4	4	SENATE BILL 1350
5	5	By Akbari
6	6
7	7
8	8	SB1350
9	9	003048
10	10	- 1 -
11	11
12	12	AN ACT to amend Tennessee Code Annotated, Title 33;
13	13	Title 38 and Title 39, Chapter 17, relative to
14	14	firearms.
15	15
16	16	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
17	17	SECTION 1. Tennessee Code Annotated, Title 39, Chapter 17, Part 13, is amended by
18	18	adding the following new sections:
19	19	39-17-1367.
20	20	(a) As used in this section:
21	21	(1) "Extreme risk protection order" means a temporary ex parte order or a
22	22	final order granted pursuant to this section;
23	23	(2) "Petitioner" means any of the following who petition a court for an
24	24	extreme risk protection order pursuant to this section:
25	25	(A) A law enforcement officer or a law enforcement agency; or
26	26	(B) A person who is related to the respondent by blood, marriage,
27	27	or adoption; and
28	28	(3) "Respondent" means the individual who is identified as the
29	29	respondent in a petition filed pursuant to this section.
30	30	(b)
31	31	(1) There is created an action known as a petition for an extreme risk
32	32	protection order.
33	33	(2) A petition for an extreme risk protection order may be filed by a
34	34	petitioner.
35	35
36	36
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38	38
39	39	(3) A petition for an extreme risk protection order must be filed in the
40	40	county where the petitioner resides or the petitioner's law enforcement office is
41	41	located, as applicable, or the county where the respondent resides.
42	42	(4) A petition for an extreme risk protection order does not require either
43	43	party to be represented by an attorney.
44	44	(5) Notwithstanding another law, attorney fees must not be awarded in
45	45	any proceeding under this section.
46	46	(6) A petition must:
47	47	(A) Allege that the respondent poses a significant danger of
48	48	causing personal injury to the respondent's self or others by having a
49	49	firearm or any ammunition in the respondent's custody or control or by
50	50	purchasing, possessing, or receiving a firearm or any ammunition, and
51	51	must be accompanied by an affidavit made under oath stating the specific
52	52	statements, actions, or facts that give rise to a reasonable fear of
53	53	significant dangerous acts by the respondent;
54	54	(B) Identify the quantities, types, and locations of all firearms and
55	55	ammunition the petitioner believes to be in the respondent's current
56	56	ownership, possession, custody, or control;
57	57	(C) Identify whether there is a known existing protection order
58	58	governing the respondent under title 36, chapter 3, part 6 or under any
59	59	other applicable statute; and
60	60	(D) Include a physical description of the respondent and the
61	61	respondent's last known location.
62	62	(7) The petitioner must make a good faith effort to provide notice to a
63	63	family or household member of the respondent and to any known third party who
64	64
65	65
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67	67
68	68	may be at risk of violence. The notice must state that the petitioner intends to
69	69	petition the court for an extreme risk protection order or has already done so and,
70	70	if the petitioner is a law enforcement officer or a law enforcement agency, must
71	71	include referrals to appropriate resources, including mental health, domestic
72	72	violence, and counseling resources. The petitioner must attest in the petition to
73	73	having provided such notice or must attest to the steps that will be taken to
74	74	provide such notice.
75	75	(8) If the petitioner is a law enforcement officer or a law enforcement
76	76	agency, then the petitioner must list the address of record on the petition as
77	77	being where the appropriate law enforcement agency is located.
78	78	(9) A court or a public agency shall not charge fees for filing or for service
79	79	of process to a petitioner seeking relief under this section and must provide the
80	80	necessary number of certified copies, forms, and instructional brochures free of
81	81	charge.
82	82	(10) A person is not required to post a bond to obtain relief in a
83	83	proceeding under this section.
84	84	(11) The circuit courts of this state have jurisdiction over proceedings
85	85	under this section.
86	86	(c)
87	87	(1) Upon receipt of a petition, the court must order a hearing to be held
88	88	no later than fourteen (14) days after the date the petition is filed and must issue
89	89	a notice of hearing to the respondent.
90	90	(2) The clerk of the court shall cause a copy of the notice of hearing and
91	91	petition to be forwarded on or before the next business day to the appropriate law
92	92
93	93
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95	95
96	96	enforcement agency for service upon the respondent as provided in subsection
97	97	(l).
98	98	(3) The court may, as provided in subsection (k), issue a temporary ex
99	99	parte extreme risk protection order pending the hearing ordered under this
100	100	subsection (c). A temporary ex parte order must be served concurrently with the
101	101	notice of hearing and petition as provided in subsection (l).
102	102	(d) Upon notice and a hearing on the matter, if the court finds by clear and
103	103	convincing evidence that the respondent poses a significant danger of causing personal
104	104	injury to the respondent or others by having in the respondent's custody or control, or by
105	105	purchasing, possessing, or receiving, a firearm or ammunition, then the court shall issue
106	106	an extreme risk protection order for an appropriate period of up to twelve (12) months.
107	107	(e) In determining whether grounds for an extreme risk protection order exist, the
108	108	court may consider any relevant evidence, including, but not limited to, the following:
109	109	(1) A recent act or threat of violence by the respondent against the
110	110	respondent's self or others, whether or not the violence or threat of violence
111	111	involves a firearm;
112	112	(2) An act or threat of violence by the respondent within the past twelve
113	113	(12) months, including, but not limited to, acts or threats of violence by the
114	114	respondent against the respondent's self or others;
115	115	(3) Evidence of the respondent being seriously mentally ill or having
116	116	recurring mental health issues;
117	117	(4) A violation by the respondent of an order of protection issued
118	118	pursuant to title 36, chapter 3, part 6;
119	119	(5) A previous or existing extreme risk protection order issued against the
120	120	respondent;
121	121
122	122
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125	125	(6) A violation of a previous or existing extreme risk protection order
126	126	issued against the respondent;
127	127	(7) Whether the respondent, in this state or another state, has been
128	128	convicted of, had adjudication withheld on, or pled nolo contendere to a crime
129	129	involving domestic abuse as defined in § 36-3-601;
130	130	(8) Whether the respondent has used or threatened to use, against the
131	131	respondent's self or others, a weapon;
132	132	(9) The unlawful or reckless use, display, or brandishing of a firearm by
133	133	the respondent;
134	134	(10) The recurring use of, or threat to use, physical force by the
135	135	respondent against another person or evidence of the respondent stalking
136	136	another person;
137	137	(11) Whether the respondent, in this state or another state, has been
138	138	arrested for, convicted of, had adjudication withheld on, or pled nolo contendere
139	139	to a crime involving violence or a threat of violence;
140	140	(12) Corroborated evidence of the abuse of controlled substances or
141	141	alcohol by the respondent;
142	142	(13) Evidence of recent acquisition of firearms or ammunition by the
143	143	respondent;
144	144	(14) Any relevant information from family and household members
145	145	concerning the respondent; and
146	146	(15) Witness testimony, taken while the witness is under oath, relating to
147	147	the matter before the court.
148	148	(f) A person, including an officer of the court, who offers evidence or
149	149	recommendations relating to the petition shall:
150	150
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153	153
154	154	(1) Present the evidence or recommendations in writing to the court with
155	155	copies to each party and the party's attorney, if retained; or
156	156	(2) Present the evidence under oath at a hearing at which all parties are
157	157	present.
158	158	(g) During the hearing, the court shall consider whether a mental health
159	159	evaluation or substance abuse assessment is appropriate and may order such
160	160	evaluations if appropriate.
161	161	(h) An extreme risk protection order must include the following:
162	162	(1) A statement of the grounds supporting the issuance of the order;
163	163	(2) The date the order was issued;
164	164	(3) The date the order ends;
165	165	(4) Whether a mental health evaluation or substance abuse assessment
166	166	of the respondent is required;
167	167	(5) The address of the court in which any responsive pleading should be
168	168	filed;
169	169	(6) A description of the requirements for the surrender of all firearms and
170	170	ammunition that the respondent owns under § 39-17-1368; and
171	171	(7) The following statement:
172	172	To the subject of this protection order: This order will last until the
173	173	date noted above. If you have not done so already, you must surrender
174	174	immediately to the (insert name of local law enforcement agency) all
175	175	firearms and ammunition that you own or have in your custody, control, or
176	176	possession and any license to carry a handgun issued to you under
177	177	Tennessee Code Annotated, § 39-17-1351 or § 39-17-1366. You may
178	178	not have in your custody or control, or purchase, possess, receive, or
179	179
180	180
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182	182
183	183	attempt to purchase or receive, a firearm or ammunition while this order is
184	184	in effect. You have the right to request a hearing to vacate this order,
185	185	starting after the date of the issuance of this order, and to request another
186	186	hearing after every extension of this order, if any. You may seek the
187	187	advice of an attorney as to any matter connected with this order.
188	188	(i) If the court issues an extreme risk protection order, then the court must inform
189	189	the respondent that the respondent is entitled to request a hearing to vacate the order in
190	190	the manner provided by subsection (m). The court shall provide the respondent with a
191	191	form to request a hearing to vacate.
192	192	(j) If the court denies the petitioner's request for an extreme risk protection order,
193	193	then the court must issue a written order stating the particular reasons for the denial.
194	194	(k)
195	195	(1) A petitioner may request that a temporary ex parte extreme risk
196	196	protection order be issued before a hearing for an extreme risk protection order
197	197	and without notice to the respondent, by including in the petition detailed
198	198	allegations based on personal knowledge that the respondent poses a significant
199	199	danger of causing personal injury to the respondent's self or others in the near
200	200	future by having in the respondent's custody or control, or by purchasing,
201	201	possessing, or receiving, a firearm or ammunition.
202	202	(2) In considering whether to issue a temporary ex parte extreme risk
203	203	protection order under this subsection (k), the court shall consider all relevant
204	204	evidence, including the evidence described in subsection (e).
205	205	(3) If a court finds there is reasonable cause to believe that the
206	206	respondent poses a significant danger of causing personal injury to the
207	207	respondent's self or others in the near future by having in the respondent's
208	208
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212	212	custody or control, or by purchasing, possessing, or receiving, a firearm or
213	213	ammunition, then the court shall issue a temporary ex parte extreme risk
214	214	protection order.
215	215	(4) The court shall hold a temporary ex parte extreme risk protection
216	216	order hearing in person or by telephone on the day the petition is filed or the next
217	217	business day.
218	218	(5) A temporary ex parte extreme risk protection order must include the
219	219	following:
220	220	(A) A statement of the grounds asserted for the order;
221	221	(B) The date the order was issued;
222	222	(C) The address of the court in which a responsive pleading may
223	223	be filed;
224	224	(D) The date and time of the scheduled hearing;
225	225	(E) A description of the requirements for the surrender of all
226	226	firearms and ammunition that the respondent owns, pursuant to § 39-17-
227	227	1368; and
228	228	(F) The following statement:
229	229	To the subject of this protection order: This order is valid
230	230	until the date noted above. You are required to surrender all
231	231	firearms and ammunition that you own or have in your custody,
232	232	control, or possession. You may not have in your custody or
233	233	control, or purchase, possess, receive, or attempt to purchase or
234	234	receive, a firearm or ammunition while this order is in effect. You
235	235	must surrender immediately to the (insert name of local law
236	236	enforcement agency) all firearms and ammunition in your custody,
237	237
238	238
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241	241	control, or possession and any license to carry a handgun issued
242	242	to you under Tennessee Code Annotated, § 39-17-1351 or § 39-
243	243	17-1366. A hearing will be held on the date and at the time noted
244	244	above to determine if an extreme risk protection order should be
245	245	issued. Failure to appear at that hearing may result in a court
246	246	issuing an order against you which is valid for one (1) year. You
247	247	may seek the advice of an attorney as to any matter connected
248	248	with this order.
249	249	(6) A temporary ex parte extreme risk protection order expires upon the
250	250	hearing on the extreme risk protection order.
251	251	(7) A temporary ex parte extreme risk protection order must be served by
252	252	a law enforcement officer in the same manner as provided for in subsection (l) for
253	253	service of the notice of hearing and petition and must be served concurrently with
254	254	the notice of hearing and petition.
255	255	(8) If the court denies the petitioner's request for a temporary ex parte
256	256	extreme risk protection order, then the court shall issue a written order stating the
257	257	particular reasons for the denial.
258	258	(l)
259	259	(1) The clerk of the court shall furnish a copy of the notice of hearing,
260	260	petition, and temporary ex parte extreme risk protection order or extreme risk
261	261	protection order, as applicable, to the sheriff of the county where the respondent
262	262	resides or can be found, who shall serve it upon the respondent as soon as
263	263	possible on any day of the week and at any time of the day or night. When
264	264	requested by the sheriff, the clerk of the court may transmit a facsimile copy of a
265	265	temporary ex parte extreme risk protection order or an extreme risk protection
266	266
267	267
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269	269
270	270	order that has been certified by the clerk of the court, and this facsimile copy may
271	271	be served in the same manner as a certified copy. Upon receiving a facsimile
272	272	copy, the sheriff shall verify receipt with the sender before attempting to serve it
273	273	upon the respondent. The clerk of the court is responsible for furnishing to the
274	274	sheriff information on the respondent's physical description and location. Service
275	275	under this subsection (l) takes precedence over the service of other documents,
276	276	unless the other documents are of a similar emergency nature.
277	277	(2) All orders issued, changed, continued, extended, or vacated after the
278	278	original service of documents pursuant to subdivision (l)(1) must be certified by
279	279	the clerk of the court and delivered to the parties at the time of the entry of the
280	280	order. The parties may acknowledge receipt of such order in writing on the face
281	281	of the original order. If a party fails or refuses to acknowledge the receipt of a
282	282	certified copy of an order, then the clerk shall note on the original order that
283	283	service was effected. If delivery at the hearing is not possible, then the clerk
284	284	shall mail certified copies of the order to the parties at the last known address of
285	285	each party. Service by mail is complete upon mailing. When an order is served
286	286	pursuant to this subdivision (l)(2), the clerk shall prepare a written certification to
287	287	be placed in the court file specifying the time, date, and method of service and
288	288	shall notify the sheriff.
289	289	(m)
290	290	(1) The respondent may submit one (1) written request for a hearing to
291	291	vacate an extreme risk protection order issued under this section, starting after
292	292	the date of the issuance of the order, and may request another hearing after
293	293	every extension of the order, if any.
294	294
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298	298	(2) Upon receipt of the request for a hearing to vacate an extreme risk
299	299	protection order, the court shall set a date for a hearing. Notice of the request
300	300	and hearing must be served on the petitioner in accordance with subsection (l).
301	301	The hearing must occur no sooner than fourteen (14) days and no later than
302	302	thirty (30) days after the date of service of the request upon the petitioner.
303	303	(3) The respondent has the burden of proving by clear and convincing
304	304	evidence that the respondent does not pose a significant danger of causing
305	305	personal injury to the respondent or others by having in the respondent's custody
306	306	or control, purchasing, possessing, or receiving a firearm or ammunition. The
307	307	court may consider all relevant evidence, including the evidence described in
308	308	subsection (e).
309	309	(4) If the court finds after the hearing that the respondent has met the
310	310	burden of proof, then the court must vacate the order.
311	311	(5) The clerk of the court shall notify the law enforcement agency holding
312	312	any firearm or ammunition or handgun carry permit that has been surrendered
313	313	pursuant to § 39-17-1368 of the court order to vacate the extreme risk protection
314	314	order.
315	315	(n) The court shall notify the petitioner of the impending end of an extreme risk
316	316	protection order. Notice must be received by the petitioner at least thirty (30) days
317	317	before the date the order ends.
318	318	(o)
319	319	(1) The petitioner may, by motion, request an extension of an extreme
320	320	risk protection order at any time within thirty (30) days before the end of the
321	321	order.
322	322
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326	326	(2) Upon receipt of the motion to extend, the court shall order that a
327	327	hearing be held no later than fourteen (14) days after receipt of the motion and
328	328	shall schedule such hearing; provided, that if the motion to extend is filed within
329	329	fourteen (14) days of the date the extreme risk protection order is due to expire,
330	330	then the court shall also order a temporary extension of the extreme risk
331	331	protection order to coincide with the date of the hearing. The respondent must
332	332	be personally served in the same manner provided by subsection (l).
333	333	(3) In determining whether to extend an extreme risk protection order
334	334	issued under this section, the court may consider all relevant evidence, including
335	335	the evidence described in subsection (e).
336	336	(4) If the court finds by clear and convincing evidence that the
337	337	requirements for issuance of an extreme risk protection order as provided in this
338	338	section continue to be met, then the court must extend the order. However, if,
339	339	after notice to the respondent, the motion for extension is uncontested and no
340	340	modification of the order is sought, then the order may be extended on the basis
341	341	of a motion or affidavit stating that there has been no material change in relevant
342	342	circumstances since entry of the order and stating the reason for the requested
343	343	extension.
344	344	(5) The court may extend an extreme risk protection order for a period
345	345	that it deems appropriate, up to twelve (12) months.
346	346	39-17-1368.
347	347	(a) Upon issuance of an extreme risk protection order pursuant to § 39-17-1367,
348	348	including a temporary ex parte extreme risk protection order, the court shall order the
349	349	respondent to surrender to the local law enforcement agency all firearms and
350	350	ammunition owned by the respondent or in the respondent's custody, control, or
351	351
352	352
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354	354
355	355	possession, except as provided in § 39-17-1370, and any handgun carry permit issued
356	356	under § 39-17-1351 or § 39-17-1366, held by the respondent.
357	357	(b) The law enforcement officer serving an extreme risk protection order issued
358	358	pursuant to § 39-17-1367, including a temporary ex parte extreme risk protection order,
359	359	shall request that the respondent immediately surrender all firearms and ammunition
360	360	owned by the respondent or in the respondent's custody, control, or possession and any
361	361	handgun carry permit issued under § 39-17-1351 or § 39-17-1366, held by the
362	362	respondent. The law enforcement officer shall take possession of all firearms and
363	363	ammunition owned by the respondent or in the respondent's custody, control, or
364	364	possession and any handgun carry permit issued under § 39-17-1351 or § 39-17-1366,
365	365	held by the respondent, which are surrendered. Alternatively, if personal service by a
366	366	law enforcement officer is not possible or is not required because the respondent was
367	367	present at the extreme risk protection order hearing, then the respondent must surrender
368	368	all firearms and ammunition owned by the respondent or in the respondent's custody,
369	369	control, or possession and each handgun carry permit issued under § 39-17-1351 or §
370	370	39-17-1366, held by the respondent, in a safe manner to the control of the local law
371	371	enforcement agency immediately after being served with the order by service or
372	372	immediately after the hearing at which the respondent was present. A law enforcement
373	373	officer may seek a search warrant from a court of competent jurisdiction to conduct a
374	374	search for firearms or ammunition owned or held by the respondent if the officer has
375	375	probable cause to believe that there are firearms or ammunition in the respondent's
376	376	custody, control, or possession that have not been surrendered.
377	377	(c) At the time of surrender, a law enforcement officer taking possession of a
378	378	firearm or ammunition owned by the respondent or in the respondent's custody, control,
379	379	or possession, or a handgun carry permit issued under § 39-17-1351 or § 39-17-1366,
380	380
381	381
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383	383
384	384	held by the respondent shall issue a receipt identifying all firearms and the quantity and
385	385	type of ammunition that have been surrendered, and any permit surrendered, and shall
386	386	provide a copy of the receipt to the respondent. Within seventy-two (72) hours after
387	387	service of the order, the law enforcement officer serving the order shall file the original
388	388	receipt with the court and shall ensure that the officer's law enforcement agency retains
389	389	a copy of the receipt.
390	390	(d) Upon the sworn statement or testimony of any person alleging that the
391	391	respondent has failed to comply with the surrender of firearms or ammunition as
392	392	required by an order issued pursuant to § 39-17-1367, the court shall determine whether
393	393	probable cause exists to believe that the respondent has failed to surrender all firearms
394	394	or ammunition owned by the respondent or in the respondent's custody, control, or
395	395	possession. If the court finds that probable cause exists, then the court must issue a
396	396	warrant describing the firearms or ammunition owned or possessed by the respondent
397	397	and authorizing a search of the locations where the firearms or ammunition owned or
398	398	possessed by the respondent are reasonably believed to be found and the seizure of
399	399	firearms or ammunition owned or possessed by the respondent discovered pursuant to
400	400	the search.
401	401	(e) If a person other than the respondent claims title to firearms or ammunition
402	402	surrendered pursuant to this section and the person is determined by the law
403	403	enforcement agency to be the lawful owner of the firearm or ammunition, then the
404	404	firearm or ammunition must be returned to the person, if:
405	405	(1) The lawful owner agrees to store the firearm or ammunition in a
406	406	manner such that the respondent does not have access to or control of the
407	407	firearm or ammunition; and
408	408
409	409
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411	411
412	412	(2) The firearm or ammunition is not otherwise unlawfully possessed by
413	413	the owner.
414	414	(f) Upon the issuance of an extreme risk protection order, the court shall order a
415	415	new hearing date and require the respondent to appear no later than three (3) business
416	416	days after the issuance of the order. At the hearing, the court shall require proof that the
417	417	respondent has surrendered all firearms or ammunition owned by the respondent or in
418	418	the respondent's custody, control, or possession. The court may cancel the hearing
419	419	upon a satisfactory showing that the respondent is in compliance with the order.
420	420	(g) All law enforcement agencies must develop policies and procedures
421	421	regarding the acceptance, storage, and return of firearms, ammunition, or licenses
422	422	required to be surrendered under this section.
423	423	39-17-1369.
424	424	(a) If an extreme risk protection order issued pursuant to § 39-17-1367 is
425	425	vacated or ends without extension, then a law enforcement agency holding a firearm or
426	426	ammunition owned by the respondent or a handgun carry permit issued under § 39-17-
427	427	1351 or § 39-17-1366, held by the respondent, that has been surrendered or seized
428	428	pursuant to an extreme risk protection order must return the surrendered firearm,
429	429	ammunition, or permit, as requested by a respondent only after confirming through a
430	430	background check that the respondent is currently eligible to own or possess firearms
431	431	and ammunition under federal and state law and after confirming with the court that the
432	432	extreme risk protection order has been vacated or has ended without extension.
433	433	(b) If an extreme risk protection order is vacated or ends without extension, then
434	434	the department of safety, if the department has suspended a handgun carry permit
435	435	issued under § 39-17-1351 or § 39-17-1366 pursuant to the entry of an extreme risk
436	436	protection order under § 39-17-1367, must reinstate the permit only after confirming that
437	437
438	438
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440	440
441	441	the respondent is currently eligible to have a handgun carry permit issued under § 39-
442	442	17-1351 or § 39-17-1366.
443	443	(c) A law enforcement agency must provide notice to each family or household
444	444	member of the respondent before returning a surrendered firearm and ammunition
445	445	owned by the respondent.
446	446	(d) A firearm and ammunition surrendered by a respondent pursuant to § 39-17-
447	447	1368 that remains unclaimed by the lawful owner for one (1) year after an order to
448	448	vacate the extreme risk protection order must be disposed of pursuant to § 39-17-1317.
449	449	39-17-1370.
450	450	A respondent in an action pursuant to § 39-17-1367 may elect to transfer all
451	451	firearms and ammunition owned by the respondent that have been surrendered to or
452	452	seized by a local law enforcement agency pursuant to the extreme risk protection order
453	453	to another person who is willing to receive the respondent's firearms and ammunition.
454	454	The law enforcement agency shall allow such a transfer only if it is determined that the
455	455	chosen recipient:
456	456	(1) Currently is eligible to own or possess a firearm and ammunition
457	457	under federal and state law after confirmation through a background check;
458	458	(2) Attests to storing the firearms and ammunition in a manner such that
459	459	the respondent does not have access to or control of the firearms and
460	460	ammunition until the extreme risk protection order against the respondent is
461	461	vacated or ends without extension; and
462	462	(3) Attests not to transfer the firearms or ammunition back to the
463	463	respondent until the extreme risk protection order against the respondent is
464	464	vacated or ends without extension.
465	465	39-17-1371.
466	466
467	467
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469	469
470	470	(a) Within twenty-four (24) hours after issuance of an order pursuant to § 39-17-
471	471	1367, the clerk of the court shall enter the extreme risk protection order or temporary ex
472	472	parte extreme risk protection order into the uniform case reporting system.
473	473	(b) Within twenty-four (24) hours after issuance, the clerk of the court shall
474	474	forward a copy of an order issued pursuant to § 39-17-1367 to the appropriate law
475	475	enforcement agency specified in the order. Upon receipt of the copy of the order, the
476	476	law enforcement agency shall enter the order into the national crime information center
477	477	and similar state databases. The order must remain in each system for the period stated
478	478	in the order, and the law enforcement agency may only remove an order from the
479	479	systems which has ended or has been vacated. Entry of the order into the national
480	480	crime information center and similar state databases constitutes notice to all law
481	481	enforcement agencies of the existence of the order. The order is fully enforceable in
482	482	each county in this state.
483	483	(c) The issuing court shall, within three (3) business days after issuance of an
484	484	extreme risk protection order or temporary ex parte extreme risk protection order,
485	485	forward all available identifying information concerning the respondent, along with the
486	486	date of order issuance, to the department of safety. Upon receipt of the information, the
487	487	department shall determine if the respondent has a handgun carry permit issued
488	488	pursuant to § 39-17-1351 or § 39-17-1366. If the respondent does have a handgun
489	489	carry permit, then the department must immediately suspend the permit.
490	490	(d) If an extreme risk protection order is vacated before its end date, the clerk of
491	491	the court shall, on the day of the order to vacate, forward a copy of the order to the
492	492	department of safety and the appropriate law enforcement agency specified in the order
493	493	to vacate. Upon receipt of the order, the law enforcement agency shall promptly remove
494	494
495	495
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497	497
498	498	the order from any computer-based system in which it was entered pursuant to
499	499	subsection (b).
500	500	39-17-1372.
501	501	(a) A person who makes a false statement under oath in a hearing held pursuant
502	502	to § 39-17-1367 in regard to a material matter commits perjury under § 39-16-702.
503	503	(b) A person who has in the person's custody or control a firearm or ammunition
504	504	or who purchases, possesses, or receives a firearm or ammunition with knowledge that
505	505	the person is prohibited from doing so by an order issued pursuant to § 39-17-1367
506	506	commits a Class E felony.
507	507	39-17-1373.
508	508	The surrender of a firearm or ammunition pursuant to § 39-17-1368 does not
509	509	affect the ability of a law enforcement officer to remove a firearm or ammunition or
510	510	handgun carry permit from a person or to conduct a search and seizure for firearms or
511	511	ammunition pursuant to other lawful authority.
512	512	39-17-1374.
513	513	Except as provided in § 39-17-1372, there is no criminal or civil liability on a
514	514	person or entity for acts or omissions related to obtaining an extreme risk protection
515	515	order or temporary ex parte extreme risk protection order, including, but not limited to,
516	516	providing notice to the petitioner, a family or household member of the respondent, and
517	517	any known third party who may be at risk of violence or failure to provide such notice, or
518	518	reporting, declining to report, investigating, declining to investigate, filing, or declining to
519	519	file, a petition pursuant to § 39-17-1367.
520	520	39-17-1375.
521	521	(a)
522	522
523	523
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525	525
526	526	(1) The administrative office of the courts shall develop and prepare
527	527	instructions and informational brochures, standard petitions and extreme risk
528	528	protection order forms, and a court staff handbook on the extreme risk protection
529	529	order process. The standard petition and order forms must be used after
530	530	January 1, 2026, for all petitions filed and orders issued pursuant to § 39-17-
531	531	1367. The instructions, brochures, forms, and handbook must be prepared in
532	532	consultation with interested persons, including clerks, judges, and law
533	533	enforcement personnel. Materials must be based on best practices and must be
534	534	available online to the public.
535	535	(2) The instructions must be designed to assist petitioners in completing
536	536	the petition and must include a sample of a standard petition and order for
537	537	protection forms.
538	538	(3) The instructions and standard petition must include a means for the
539	539	petitioner to identify the firearms or ammunition the respondent may own,
540	540	possess, receive, or have in the respondent's custody or control. The
541	541	instructions must provide pictures of types of firearms and ammunition that the
542	542	petitioner may choose from to identify the relevant firearms or ammunition, or
543	543	must provide an equivalent means to allow petitioners to identify firearms or
544	544	ammunition without requiring specific or technical knowledge regarding the
545	545	firearms or ammunition.
546	546	(4) The informational brochure must describe the use of and the process
547	547	for obtaining, extending, and vacating an extreme risk protection order under §
548	548	39-17-1367 and must provide relevant forms.
549	549	(5) The extreme risk protection order form must include, in a conspicuous
550	550	location, notice of criminal penalties resulting from a violation of the order and the
551	551
552	552
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554	554
555	555	following statement: "You have the sole responsibility to avoid or refrain from
556	556	violating this order's provisions. Only the court can change the order and only
557	557	upon written request.".
558	558	(6) The court staff handbook must allow for the addition of a community
559	559	resource list by the clerk of the court.
560	560	(b) A clerk of the court may create a community resource list of crisis
561	561	intervention, mental health, substance abuse, interpreter, counseling, and other relevant
562	562	resources serving the county in which the court is located. The court may make the
563	563	community resource list available as part of or in addition to the informational brochures
564	564	described in subsection (a).
565	565	(c) The administrative office of the courts shall distribute a master copy of the
566	566	petition and order forms, instructions, and informational brochures to the clerks of court.
567	567	Distribution of all documents must, at a minimum, be in an electronic format or formats
568	568	accessible to all courts and clerks of court in the state.
569	569	(d) Within ninety (90) days after receipt of the master copy from the
570	570	administrative office of the courts, the clerk of the court shall make available the
571	571	standardized forms, instructions, and informational brochures required by this section.
572	572	(e) The administrative office of the courts shall update the instructions,
573	573	brochures, standard petition and extreme risk protection order forms, and court staff
574	574	handbook as necessary, including when changes in the law make an update necessary.
575	575	SECTION 2. Tennessee Code Annotated, Title 39, Chapter 17, Part 13, is amended by
576	576	adding the following as a new section:
577	577	(a) It is an offense to store or keep a firearm in any place unless the firearm is
578	578	secured in a locked container, unloaded, and separate from ammunition so as to render
579	579
580	580
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582	582
583	583	the firearm inoperable by a person other than the owner or another lawfully authorized
584	584	user.
585	585	(b) A violation of subsection (a) is a Class A misdemeanor.
586	586	(c) This section does not apply to a firearm that is carried by or under the control
587	587	of the owner or another lawfully authorized user.
588	588	SECTION 3. Tennessee Code Annotated, Section 39-17-1316(c), is amended by
589	589	redesignating the existing language as subdivision (c)(1) and adding the following subdivision
590	590	(c)(2):
591	591	(2) Except with respect to transactions between persons licensed as dealers
592	592	under 18 U.S.C. § 923, a gun dealer shall not deliver a firearm to a purchaser until
593	593	fifteen (15) business days after compliance with subdivision (c)(1).
594	594	SECTION 4. This act takes effect July 1, 2025, the public welfare requiring it.