This bill creates an action known as a petition for a risk protection order ("petition"). This bill authorizes a petition to be filed by a law enforcement officer or law enforcement agency (the "petitioner"). This bill requires that the petition be filed in the county where the petitioner's law enforcement office is located, as applicable, or the county where the respondent resides. Additionally, a petition does not require either party to be represented by an attorney. This bill also clarifies that attorney fees must not be awarded in any proceeding concerning a petition.
This bill requires a petition to do the following:
(1) Allege that the respondent poses a significant danger of causing 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 oath stating the specific statements, actions, or facts that give rise to a reasonable fear of significant dangerous acts by the respondent, including the respondent exhibiting suicidal or homicidal ideation;
(2) Identify the quantities, types, and locations of all firearms and ammunition the petitioner believes to be in the respondent's current ownership, possession, custody, or control;
(3) Identify whether there is a known existing protection order governing the respondent; and
(4) Include a physical description of the respondent and the respondent's last known location.
This bill requires the petitioner to 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 a temporary mental health order of protection or has already done so and must include referrals to appropriate 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. The petitioner must also list the address of record on the petition as being where the appropriate law enforcement agency is located.
This bill prohibits a court or a public agency from charging fees for filing or for service of process to a petitioner seeking relief under this bill and must provide the necessary number of certified copies, forms, and instructional brochures free of charge. Additionally, a person is not required to post a bond to obtain relief in any proceeding concerning a petition.
This bill places jurisdiction in the circuit courts of this state over proceedings concerning a petition. Upon receipt of a petition, the court must order a hearing 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.
This bill requires the court clerk to 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. The court must also order the respondent to undergo an assessment for suicidal or homicidal ideation.
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 respondent or others by having in the respondent's custody or control, or by purchasing, possessing, or receiving a firearm or any ammunition, then this bill requires the court to issue a temporary mental health order of protection ("risk protection order") for an appropriate period of up to 180 days.
In determining whether grounds for a risk protection order exist, this bill requires the court to consider the reported results of the ordered assessment for suicidal or homicidal ideation, and authorizes the court to consider any additional relevant evidence. 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.
This bill provides that, during the hearing, the court must consider whether a mental health evaluation or substance abuse assessment is appropriate and may order such evaluations if appropriate.
REQUIREMENTS OF A RISK PROTECTION ORDER
This bill requires a risk protection order to include the following:
(1) A statement of the grounds supporting the issuance of the order;
(2) The date the order was issued;
(3) The date the order ends;
(4) Whether a mental health evaluation or substance abuse assessment of the respondent is required;
(5) The address of the court in which any responsive pleading should be filed;
(6) A description of the requirements for the surrender of all firearms and ammunition that the respondent owns; and
(7) The following statement: To the subject of this protection order: This order will last until the date noted above. If you have not done so already, you must surrender immediately to the (insert name of local law enforcement agency) all firearms and ammunition that you own or have in your custody, control, or possession and any license to carry a handgun issued to you under Tennessee Code Annotated, § 39-17-1351 or § 39-17-1366. You may not have in your custody or control, or purchase, possess, receive, or attempt to purchase or receive, a firearm or ammunition while this order is in effect. You have the right to request a hearing to vacate this order, starting after the date of the issuance of this order, and to request another hearing after every extension of this order, if any. You may seek the advice of an attorney as to any matter connected with this order.
DECISION TO ISSUE OR NOT ISSUE A RISK PROTECTION ORDER
If the court issues a risk protection order, then this bill requires the court to inform the respondent that the respondent is entitled to request a hearing to vacate the order. 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 a risk protection order, then the court must issue a written order stating the particular reasons for the denial.
SERVICE BY SHERIFF
This bill requires the court clerk to furnish a copy of the notice of hearing, assessment order, and petition, and risk protection order to the sheriff of the county where the respondent resides or can be found, who must then serve it upon the respondent as soon as possible. When requested by the sheriff, the court clerk may transmit a facsimile copy of a risk protection order that has been certified by the court clerk, and such copy may be served in the same manner as a certified copy. However, upon receiving a facsimile copy, the sheriff must verify receipt with the sender before attempting to serve it upon the respondent. The court clerk is responsible for furnishing to the sheriff information on the respondent's physical description and location. Service under these provisions takes precedence over the service of other documents, unless the other documents are of a similar emergency nature.
SERVICE BY COURT CLERK
This bill provides that all orders issued, changed, continued, extended, or vacated after the original service of documents must be certified by the court clerk 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 the 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 must 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 these provisions, then the clerk must prepare a written certification to be placed in the court file specifying the time, date, and method of service and must notify the sheriff.
REQUEST TO VACATE A RISK PROTECTION ORDER
This bill authorizes the respondent to submit one written request for a hearing to vacate a risk protection order, starting after the date of the issuance of the order, and to request another hearing after every extension of the order, if any. Upon receipt of the request for a hearing to vacate a risk protection order, the court must set a date for a hearing. Notice of the request and hearing must be served on the petitioner in accordance with the notice provisions described in the prior two paragraphs 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 petitioner.
This bill places upon the respondent 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 control, purchasing, possessing, or receiving a firearm or ammunition. This bill authorizes the court to consider any 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 requires the court clerk to notify the law enforcement agency holding any firearm or ammunition or handgun carry permit that has been surrendered of the court order to vacate the order. The court must also notify the petitioner of the impending end of a risk protection order. Notice must be received by the petitioner at least 30 days before the date the order ends.
REQUEST OF EXTENSION OF RISK PROTECTION ORDER
This bill authorizes the petitioner, by motion, to request an extension of a 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 later than 14 days after receipt of the motion and must schedule such hearing. However, if the motion to extend is filed within 14 days of the date the risk protection order is due to expire, then the court must also order a temporary extension of the risk protection order to coincide with the date of the hearing. The respondent must be personally served in the same manner provided by the notice provisions described earlier.
This bill authorizes the court to consider all relevant evidence in determining whether to extend a risk protection order. If the court finds by clear and convincing evidence that the requirements for issuance of a risk protection order 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. The court may extend a risk protection order for a period that it deems appropriate, up to 180 days.
SURRENDER OF FIREARMS
Upon issuance of a risk protection order, this bill requires the court to 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, except as otherwise provided in this bill, and any handgun carry permit, held by the respondent.
This bill requires the law enforcement officer serving a risk protection order to 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 held by the respondent. The law enforcement officer must take possession of all firearms and ammunition owned by the respondent or in the respondent's custody, control, or possession and any handgun carry permit held by the respondent, which are surrendered.
Alternatively, if personal service by a law enforcement officer is not possible or is not required because the respondent was present at the risk protection order hearing, then this bill requires the respondent to surrender any firearms and ammunition owned by the respondent or in the respondent's custody, control, or possession and any handgun carry permit, 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.
This bill authorizes a law enforcement officer to seek 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, control, or possession that have not been surrendered.
At the time of surrender, this bill requires the law enforcement officer taking possession of any firearm or ammunition, or any handgun carry permit, to issue a receipt identifying all firearms and the quantity and type of ammunition that have been surrendered, and any permit surrendered, and to 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 ensure that the officer's law enforcement agency retains a copy of the receipt.
Upon the sworn statement or testimony of any person alleging that the respondent has failed to comply with the surrender of firearms or ammunition as required by an order, this bill requires the court to 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, control, 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 owned or possessed by the respondent are reasonably believed to be found and the seizure of any firearms or ammunition owned or possessed by the respondent discovered pursuant to the search.
This bill provides that, if a person other than the respondent claims title to any firearms or ammunition surrendered pursuant to this bill and the person is determined by the law enforcement agency to be the lawful owner of the firearm or ammunition, then the firearm or ammunition must be returned to the person, if the following conditions exist:
(1) 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
(2) The firearm or ammunition is not otherwise unlawfully possessed by the owner.
Upon the issuance of a risk protection order, this bill requires the court to 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 any firearms or ammunition owned by the respondent or in the respondent's custody, control, or possession. However, the court may cancel the hearing upon a satisfactory showing that the respondent is in compliance with the order.
This bill requires all law enforcement agencies to develop policies and procedures regarding the acceptance, storage, and return of firearms, ammunition, or licenses required to be surrendered under this bill.
RETURN OF FIREARMS, AMMUNITION, AND PERMITS
This bill provides that, if a risk protection order is vacated or ends without extension, then a law enforcement agency holding a firearm or any ammunition or any handgun carry permit, held by the respondent, that has been surrendered or seized pursuant to a risk protection order must return the items, as requested by a respondent only after confirming through a background check that the respondent is currently eligible to own or possess the items under federal and state law and after confirming with the court that the risk protection order has been vacated or has ended without extension.
This bill further provides that, if a risk protection order of protection is vacated or ends without extension, then the department of safety, if the department has suspended a handgun carry permit pursuant to the entry of a risk protection order, must reinstate the permit only after confirming that the respondent is currently eligible to have a handgun carry permit.
This bill requires a law enforcement agency to provide notice to any family or household members of the respondent before returning any surrendered items. Any surrendered items that remain unclaimed by the lawful owner for one year after the order to vacate the risk protection order must be disposed of pursuant to current law relative to disposing of such items.
SURRENDER OF FIREARMS AND AMMUNITION THROUGH TRANSFER
This bill authorizes a respondent to 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 risk protection order to another person who is willing to receive the items. This bill requires the law enforcement agency to allow such a transfer only if it is determined that the chosen recipient meets the following criteria:
(1) Currently is eligible to own or possess the items under federal and state law after confirmation through a background check;
(2) Attests to storing the items in a manner such that the respondent does not have access to or control of the items until the risk protection order is vacated or ends without extension; and
(3) Attests not to transfer the items back to the respondent until the risk protection order against the respondent is vacated or ends without extension.
ENTERING AND REMOVING ORDER IN DATABASES
Within 24 hours after issuance of an order, this bill requires the court clerk to enter any risk protection order into the uniform case reporting system. During that same time period, the court clerk must also forward a copy of an 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 similar 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 systems that has ended or has been vacated. Entry of the order into the national crime information center and similar state databases constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in this state.
This bill requires the issuing court, within three business days after issuance of a risk protection order, to 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 must determi