HB 1390

This bill creates an action known as a petition for an extreme risk protection order. "Extreme risk protection order"" means a temporary ex parte order or a final order granted pursuant to this bill. A petition f or an extreme risk protection order may be filed by a petitioner and must be filed in the county where the petitioner resides or the petitioner's law enforcement office is located, as applicable, or the county where the respondent resides. ""Petitioner"" m e ans a law enforcement officer or a law enforcement agency or a person who is related to the respondent by blood, marriage, or adoption. PETITION This bill provides that a petition must (i) allege that the respondent poses a significant danger of causi ng personal injury to the respondent's self or others by having a firearm or any ammunition in the respondent's custody or control or by purchasing, possessing, or receiving a firearm or any ammunition, and must be accompanied by an affidavit made under o a th stating the specific statements, actions, or facts that give rise to a reasonable fear of significant dangerous acts by the respondent, (ii) identify the quantities, types, and locations of all firearms and ammunition the petitioner believes to be in t h e respondent's current ownership, possession, custody, or control, (iii) identify whether there is a known existing protection order governing the respondent under the provisions of domestic abuse or any other applicable statute, and (iv) include a physic a l description of the respondent and the respondent's last known location. This bill provides that the petitioner must make a good faith effort to provide notice to a family or household member of the respondent and to any known third party who may be at risk of violence. The notice must state that the petitioner intends to petition the court for an extreme risk protection order or has already done so and, if the petitioner is a law enforcement officer or a law enforcement agency, must include referrals to appropriate resources, including mental health, domestic violence, and counseling resources. The petitioner must attest in the petition to having provided such notice or must attest to the steps that will be taken to provide such notice. This bill pr ovides that a petition for an extreme risk protection order does not require either party to be represented by an attorney and attorney fees must not be awarded in any proceeding under this bill. This bill provides that if the petitioner is a law enforce m ent officer or a law enforcement agency, then the petitioner must list the address of record on the petition as being where the appropriate law enforcement agency is located. Fees This bill provides that a court or a public agency must not charge fees for filing or for service of process to a petitioner seeking relief under this heading and must provide the necessary number of certified copies, forms, and instructional brochures free of charge. Additionally, this bill provides that a person is not req u ired to post a bond to obtain relief in a proceeding under this bill. Circuit court This bill provides that the circuit courts of this state have jurisdiction over proceedings under this bill. Upon receipt of a petition, the court must order a hearin g to be held no later than 14 days after the date the petition is filed and must issue a notice of hearing to the respondent. The clerk of court must cause a copy of the notice of hearing and petition to be forwarded on or before the next business day to the appropriate law enforcement agency for service upon the respondent. Upon notice and a hearing on the matter, if the court finds by clear and convincing evidence that the respondent poses a significant danger of causing personal injury to the responde n t or others by having in the respondent's custody or control, or by purchasing, possessing, or receiving, a firearm or ammunition, then the court must issue an extreme risk protection order for an appropriate period of up to 12 months. This bill provides that in determining whether grounds for an extreme risk protection order exist, the court may consider any relevant evidence, including, but not limited to (i) a recent act or threat of violence by the respondent against the respondent's self or others, w hether or not the violence or threat of violence involves a firearm, (ii) an act or threat of violence by the respondent within the past 12 months, including, but not limited to, acts or threats of violence by the respondent against the respondent's self o r others, (iii) evidence of the respondent being seriously mentally ill or having recurring mental health issues, or (iv) a previous or existing extreme risk protection order issued against the respondent. During the hearing, the court must consider whet h er a mental health evaluation or substance abuse assessment is appropriate and may order such evaluations if appropriate. Relevant evidence This bill provides that a person, including an officer of the court, who offers evidence or recommendations relating to the petition must present the evidence or recommendations in writing to the court with copies to each party and the party's attorney, if retained, or present the evidence under oath at a hearing at which all parties are present. EXTREME RISK PROTECTION ORDER This bill provides that an extreme risk protection order must include certain information described in the bill, including, but not limited to (i) a statement of the grounds supporting the issuance of the order, (ii) the date the order was issued, (iii) the date the order ends, and (iv) whether a mental health evaluation or substance abuse assessment of the respondent is required. This bill provides that if the court issues such order, then the court must inform the respondent that the respondent is entitled to request a hearing to vacate the order in the manner provided by this bill. The court must provide the respondent with a form to request a hearing to vacate. However, if the court denies the petitioner's request for an extreme r isk protection order, then the court must issue a written order stating the particular reasons for the denial. TEMPORARY EX PARTE EXTREME RISK PROTECTION ORDER This bill provides that a petitioner may request that a temporary ex parte extreme risk prote ction order be issued before a hearing for an extreme risk protection order and without notice to the respondent, by including in the petition detailed allegations based on personal knowledge that the respondent poses a significant danger of causing perso n al injury to the respondent's self or others in the near future by having in the respondent's custody or control, or by purchasing, possessing, or receiving, a firearm or ammunition. This bill provides that in considering whether to issue a temporary ex p arte extreme risk protection order under this bill, the court must consider all relevant evidence, including the evidence described in determining whether to issue an extreme risk protection order. If a court finds there is reasonable cause to believe th a t the respondent poses a significant danger of causing personal injury to the respondent's self or others in the near future by having in the respondent's custody or control, or by purchasing, possessing, or receiving, a firearm or ammunition, then the co u rt must issue a temporary ex parte extreme risk protection order. This bill provides that a court must hold a temporary ex parte extreme risk protection order hearing in person or by telephone on the day the petition is filed or the next business day. T his bill provides that an ex parte extreme risk protection order must include certain information described in the bill, including, but not limited to (i) a statement of the grounds asserted for the order, (ii) the date the order was issued, and (iii) the address of the court in which a responsive pleading may be filed. This bill provides that a temporary ex parte extreme risk protection order expires upon the hearing on the extreme risk protection order. If the court denies the petitioner's request for a temporary ex parte extreme risk protection order, then the court must issue a written order stating the particular reasons for the denial. SERVICE OF PROCESS This bill provides that the clerk of the court must furnish a copy of the notice of hearing, petition, and temporary ex parte extreme risk protection order or extreme risk protection order, as applicable, to the sheriff of the county where the respondent resides or can be found, who must serve it upon the respondent as soon as possible. When req u ested by the sheriff, the clerk of the court may transmit a facsimile copy of a temporary ex parte extreme risk protection order or an extreme risk protection order that has been certified by the clerk of the court, and this facsimile copy may be served i n the same manner as a certified copy. Upon receiving a facsimile copy, the sheriff must verify receipt with the sender before attempting to serve it upon the respondent. The clerk of the court is responsible for furnishing to the sheriff information on t he respondent's physical description and location. A temporary ex parte extreme risk protection order must be served by a law enforcement officer in the same manner as service of the notice of hearing and petition and must be served concurrently with the notice of hearing and petition. Service under this heading takes precedence over the service of other documents, unless the other documents are of a similar emergency nature. This bill provides that all orders issued, changed, continued, extended, or va cated after the original service of documents pursuant to the above paragraph must be certified by the clerk of the court and delivered to the parties at the time of the entry of the order. The parties may acknowledge receipt of such order in writing on t he face of the original order. If a party fails or refuses to acknowledge the receipt of a certified copy of an order, then the clerk must note on the original order that service was effected. If delivery at the hearing is not possible, then the clerk m u st mail certified copies of the order to the parties at the last known address of each party. Service by mail is complete upon mailing. When an order is served pursuant to this paragraph, the clerk must prepare a written certification to be placed in th e court file specifying the time, date, and method of service and must notify the sheriff. VACATE ORDER This bill provides that the respondent may submit one written request for a hearing to vacate an extreme risk protection order issued under this bill, starting after the date of the issuance of the order, and may request another hearing after every extension of the order, if any. Upon receipt of the request for a hearing to vacate an extreme risk protection order, the court must set a date for a heari n g. Notice of the request and hearing must be served on the petitioner in accordance with the ""service of process"" heading. The hearing must occur no sooner than 14 days and no later than 30 days after the date of service of the request upon the petition e r. This bill provides that the respondent has the burden of proving by clear and convincing evidence that the respondent does not pose a significant danger of causing personal injury to the respondent or others by having in the respondent's custody or co n trol, purchasing, possessing, or receiving a firearm or ammunition. The court may consider all relevant evidence. If the court finds after the hearing that the respondent has met the burden of proof, then the court must vacate the order. This bill prov ides that the clerk of the court must notify the law enforcement agency holding any firearm or ammunition or handgun carry permit that has been surrendered pursuant to this bill of the court order to vacate the extreme risk protection order. Additionally, the court must notify the petitioner of the impending end of an extreme risk protection order. Notice must be received by the petitioner at least 30 days before the date the order ends. EXTENSION OF ORDER This bill provides that the petitioner may, by motion, request an extension of an extreme risk protection order at any time within 30 days before the end of the order. Upon receipt of the motion to extend, the court must order that a hearing be held no l a ter than 14 days after receipt of the motion and must schedule such hearing; provided, that if the motion to extend is filed within 14 days of the date the extreme risk protection order is due to expire, then the court must also order a temporary extensio n of the extreme risk protection order to coincide with the date of the hearing. The respondent must be personally served in the same manner provided by the ""service of process"" heading. In determining whether to extend an extreme risk protection order i s sued under this bill, the court may consider all relevant evidence. This bill provides that if the court finds by clear and convincing evidence that the requirements for issuance of an extreme risk protection order as provided in this bill continue to be met, then the court must extend the order. However, if, after notice to the respondent, the motion for extension is uncontested and no modification of the order is sought, then the order may be extended on the basis of a motion or affidavit stating that there has been no material change in relevant circumstances since entry of the order and stating the reason for the requested extension. This bill provides that the court may extend an extreme risk protection order for a period that it deems appropriate, up to 12 months. SURRENDER This bill provides that upon issuance of an ex parte or extreme risk protection order, the court must order the respondent to surrender to the local law enforcement agency all firearms and ammunition owned by the respondent or in the respondent's custody, control, or possession, unless the respondent is eligible to transfer the firearms and ammunition, and any handgun carry permit issued under law, held by the respondent. This bill provides that the law enforcement officer se r ving an ex parte or extreme risk protection order, must request that the respondent immediately surrender all firearms and ammunition owned by the respondent or in the respondent's custody, control, or possession and any handgun carry permit issued under l aw, held by the respondent. Subsequently, the law enforcement officer must take possession of all such firearms, ammunition, and handgun carry permits owned and held by the respondent, which are surrendered. Alternatively, this bill provides that if per s onal service by a law enforcement officer is not possible or is not required because the respondent was present at the extreme risk protection order hearing, then the respondent must surrender all such firearms, ammunition, and handgun carry permits owned and held by the respondent, in a safe manner to the control of the local law enforcement agency immediately after being served with the order by service or immediately after the hearing at which the respondent was present. A law enforcement officer may s e ek a search warrant from a court of competent jurisdiction to conduct a search for firearms or ammunition owned or held by the respondent if the officer has probable cause to believe that there are firearms or ammunition in the respondent's custody, contr o l, or possession that have not been surrendered. This bill provides that at the time of surrender, a law enforcement officer taking possession must issue a receipt identifying all firearms and the quantity and type of ammunition that have been surrendere d, and any permit surrendered, and must provide a copy of the receipt to the respondent. Within 72 hours after service of the order, the law enforcement officer serving the order must file the original receipt with the court and must ensure that the offi c er's law enforcement agency retains a copy of the receipt. This bill provides that if a person other than the respondent claims title to firearms or ammunition surrendered pursuant to this bill and the person is determined by the law enforcement agency t o be the lawful owner of the firearm or ammunition, then the firearm or ammunition must be returned to the person, if the lawful owner agrees to store the firearm or ammunition in a manner such that the respondent does not have access to or control of the firearm or ammunition and the firearm or ammunition is not otherwise unlawfully possessed by the owner. This bill provides that all law enforcement agencies must develop policies and procedures regarding the acceptance, storage, and return of firearms, ammunition, or licenses required to be surrendered under this bill. Additionally, the surrender of a firearm or ammunition under this heading does not affect the ability of a law enforcement officer to remove a firearm or ammunition or handgun carry perm i t from a person or to conduct a search and seizure for firearms or ammunition pursuant to other lawful authority. Failure to surrender This bill provides that upon the sworn statement or testimony of any person alleging that the respondent has failed to comply with the surrender of firearms or ammunition, the court must determine whether probable cause exists to believe that the respondent has failed to surrender all firearms or ammunition owned by the respondent or in the respondent's custody, contro l, or possession. If the court finds that probable cause exists, then the court must issue a warrant describing the firearms or ammunition owned or possessed by the respondent and authorizing a search of the locations where the firearms or ammunition owne d or possessed by the respondent are reasonably believed to be found and the seizure of firearms or ammunition owned or possessed by the respondent discovered pursuant to the search. Proof of surrender This bill provides that upon the issuance of an ext reme risk protection order, the court must order a new hearing date and require the respondent to appear no later than three business days after the issuance of the order. At the hearing, the court must require proof that the respondent has surrendered a l l firearms or ammunition owned by the respondent or in the respondent's custody, control, or possession. The court may cancel the hearing upon a satisfactory showing that the respondent is in compliance with the order. REISSUANCE This bill provides tha t if an extreme risk protection order is vacated or ends without extension, then a law enforcement agency holding a firearm or ammunition owned by the respondent or a handgun carry permit held by the respondent, that has been surrendered or seized pursuan t to an extreme risk protection order must return the surrendered firearm, ammunition, or permit, as requested by a respondent only after confirming through a background check that the respondent is currently eligible to own or possess firearms and ammunit i on under federal and state law and after confirming with the court that the extreme risk protection order has been vacated or has ended without extension. Additionally, if an extreme risk protection order is vacated or ends without extension, then the d e partment of safety, if the department has suspended a handgun carry permit, must reinstate the permit only after confirming that the respondent is currently eligible to have a handgun carry permit issued under present law. This bill provides that a law e nforcement agency must provide notice to each family or household member of the respondent before returning a surrendered firearm and ammunition owned by the respondent. Additionally, a firearm and ammunition surrendered that remains unclaimed by the law f ul owner for one year after an order to vacate the extreme risk protection order must be disposed of pursuant to the present law provisions of confiscation and disposition of confiscated weapons. TRANSFER This bill provides that a respondent may elect to transfer all firearms and ammunition owned by the respondent that have been surrendered to or seized by a local law enforcement agency pursuant to the extreme risk protection order to another person who is willing to receive the respondent's firearms and ammunition. The law enforcement agency must allow such a transfer only if it is determined that the chosen recipient (i) currently is eligible to own or possess a firearm and ammunition under federal and s t ate law after confirmation through a background check, (ii) attests to storing the firearms and ammunition in a manner such that the respondent does not have access to or control of the firearms and ammunition until the extreme risk protection order again s t the respondent is vacated or ends without extension, and (iii) attests not to transfer the firearms or ammunition back to the respondent until the extreme risk protection order against the respondent is vacated or ends without extension. UNIFORM CASE R EPORTING SYSTEM This bill provides that 24 hours after issuance of an ex parte or extreme risk protection order, the clerk of the court must enter the extreme risk protection order or temporary ex parte extreme risk protection order into the uniform case reporting system and forward a copy of such order to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order, the law enforcement agency must enter the order into the national crime information center and sim i lar state databases. The order must remain in each system for the period stated in the order, and the law enforcement agency may only remove an order from the system that has ended or has been vacated. Entry of the order into the national crime informat i on center and similar state databases constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in each county in this state. This bill provides that if an extreme risk protection order is vacated b efore its end date, the clerk of the court must, on the day of the order to vacate, forward a copy of the order to the department of safety and the appropriate law enforcement agency specified in the order to vacate. Upon receipt of the order, the law en f orcement agency must promptly remove the order from any computer-based system in which it was entered. This bill provides that within three business days after issuance of an extreme risk protection order or temporary ex parte extreme risk protection ord er, forward all available identifying information concerning the respondent, along with the date of order issuance, to the department of safety. Upon receipt of the information, the department of safety must determine if the respondent has a handgun carr y permit. If the respondent does have a handgun carry permit, then the department must immediately suspend the permit. VIOLATIONS This bill provides that a person who makes a false statement under oath in an ex parte or extreme risk protection order hea ring, in regard to a material matter commits perjury. This bill provides that a person who has in the person's custody or control a firearm or ammunition or who purchases, possesses, or receives a firearm or ammunition with knowledge that the person is p r ohibited from doing so by an ex parte or extreme risk protection order commits a Class E felony, punishable by a sentence of imprisonment not less than one year nor more than six years and the jury may assess a fine not to exceed $3, 000. This bill provi des that, except as provided in the above paragraph, there is no criminal or civil liability on a person or entity for acts or omissions related to obtaining an extreme risk protection order or temporary ex parte extreme risk protection order. This bill provides that it is a Class A misdemeanor, punishable by a sentence of imprisonment not greater than 11 months, 29 days, or a fine not to exceed $2, 500, or both, to store or keep a firearm in any place unless the firearm is secured in a locked container, u nloaded, and separate from ammunition so as to render the firearm inoperable by a person other than the owner or another lawfully authorized user. This offense does not apply to a firearm that is carried by or under the control of the owner or another la w fully authorized user. ADMINISTRATIVE OFFICE OF THE COURTS This bill provides that the administrative office of the courts must develop and prepare instructions and informational brochures, standard petitions and extreme risk protection order forms, and a court staff handbook on the extreme risk protection order process. The standard petition and order forms must be used after January 1, 2026, for all petitions filed and orders issued pursuant to this bill. The instructions, brochures, forms, and hand b ook must be prepared in consultation with interested persons, including clerks, judges, and law enforcement personnel. Materials must be based on best practices and must be available online to the public. This bill provides that the administrative offic e of the courts must distribute a master copy of the petition and order forms, instructions, and informational brochures to the clerks of court. Distribution of all documents must, at a minimum, be in an electronic format or formats accessible to all cou r ts and clerks of court in the state. Within 90 days after receipt of the master copy from the administrative office of the courts, the clerk of the court must make available the standardized forms, instructions, and informational brochures required by th i s heading and update them as necessary. Community resource list This bill provides that the court staff handbook must allow for the addition of a community resource list by the clerk of the court. A clerk of the court may create a community resource list of crisis intervention, mental health, substance abuse, interpreter, counseling, and other relevant resources serving the county in which the court is located. The court may make the community resource list available as part of or in addition to th e informational brochures described in this heading. GUN DEALERS Present law provides that before delivering a firearm to a purchaser, a gun dealer, except for transactions between licensed dealers under federal law, must verify that the purchaser provi des current, valid identification as specified, complete the required firearms transaction record, including the purchaser's signature, request a criminal history record check from the Tennessee bureau of investigation, supplying specific information abou t the dealer, the purchaser, and the firearm being transferred and obtain a unique approval number from the bureau and record it on the transaction record. This bill provides that a gun dealer must not deliver a firearm to a purchaser until 15 days after c ompliance with the previous provision."