This bill requires the department of safety (the "department") to establish the Tennessee voluntary do not sell firearms list to prohibit the possession, transportation, and sale of firearms to any person who is voluntarily admitted to a public or private hospital or treatment resource for diagnosis, observation, and treatment of a mental illness or serious emotional disturbance and voluntarily registers to be enrolled to the list.
VOLUNTARY DO NOT SELL FIREARMS LIST
This bill requires the department to create an enrollment form for the voluntary do not sell firearms list that includes the following:
(1) A space for the registering person to designate an individual as a guardian angel if the registering person wishes to do so. The guardian angel must be informed if the registering person revokes enrollment on the voluntary do not sell firearms list. The registering person is responsible for providing contact information for the guardian angel. Upon submitting an enrollment form designating a guardian angel, the department shall notify the designated person of the effect of such designation and allow the designated person to consent or decline to be included as a guardian angel. The designated guardian angel has no obligation to or liability for failure to receive, or remain available to receive, or act upon the information received if the registering person revokes the enrollment on the voluntary do not sell firearms list;
(2) A list of the firearms owned by the registering person and the disposition of each firearm; and
(3) An attestation that the registering person does not currently possess or have access to any other firearms at the time of filing the enrollment form.
This bill also requires the department to do the following:
(1) Offer to provide a person seeking to enroll with information on mental health resources available to the person;
(2) Require the person to present a valid photo identification to verify the person's identity prior to accepting the enrollment form; and
(3) Maintain and update the voluntary do not sell firearms list, such that a gun dealer can be advised that the department's records indicate a firearm buyer is prohibited from purchasing, possessing, or transporting a firearm.
REVOCATION OF ENROLLMENT
No sooner than 14 calendar days after enrolling onto the voluntary do not sell firearms list, this bill authorizes a person to file a revocation of enrollment with the department. The filing of a revocation form allows the person executing the form to purchase or possess a firearm after the department has completed processing the form, unless the person is otherwise ineligible to purchase or possess a firearm under federal or state law. The department shall require a valid photo identification to verify the person's identity prior to accepting the form. By the end of the seventh business day following the date on which the form was received, the department must notify the person that the person's name has been removed from the voluntary do not sell firearms list, inform the person's guardian angel of the removal, if the person has designated a guardian angel, and destroy all records related to the person's enrollment on the voluntary do not sell firearms list. Within seven days of receiving a revocation form, the department must remove the person from the national instant criminal background check system and other federal or state computer-based systems used by law enforcement to identify prohibited purchasers of firearms in which the person's enrollment on the voluntary do not sell firearms list was entered, unless the person is otherwise ineligible to purchase or possess a firearm under federal or state law.
PERJURY
This bill provides that a person who knowingly makes a false statement regarding the person's identity on an enrollment or revocation form for the voluntary do not sell firearms list commits the offense of perjury.
RULEMAKING AUTHORITY
This bill authorizes the department to promulgate rules to effectuate this bill.
CONFIDENTIALITY PROTECTIONS
This bill requires the department to withhold from public disclosure all information regarding a request to be enrolled onto or removed from the voluntary do not sell firearms list and any other personal identifying information contained in or related to the list, except that such information may be disclosed to a law enforcement officer acting in the performance of official duties, to the applicant with respect to the applicant's own information, or in the course of certain criminal prosecutions. Records obtained and produced pursuant to this bill are confidential and are not an open record.
Additionally, a form used to enroll onto or withdraw from the voluntary do not sell firearms list must not be considered by a court in a legal proceeding in which the person executing the form is a party, except that such a form may be used in a criminal prosecution for the Class A misdemeanor offense, created by this bill, of a person who is enrolled onto the voluntary do not sell firearms list purchasing, possessing, or transporting a firearm.
This bill also prohibits a person appropriately licensed by the federal government to stock and sell firearms to make such sales to persons who are enrolled onto the voluntary do not sell firearms list.

Statutes affected:
Introduced: 39-17-1316(a)(1), 39-17-1316