This bill provides that beginning July 1, 2024, in addition to any disposition, if a juvenile is adjudicated delinquent for conduct that, if committed by an adult, would constitute an offense set out in this bill, then the court must prohibit the juvenile from purchasing or possessing a firearm until the juvenile reaches 25.
This bill applies to delinquent acts committed by a juvenile who is 14 or older at the time of the act that, if committed by an adult, would constitute any of the following:
(1) Aggravated assault;
(2) Aggravated assault against a first responder or nurse;
(3) Criminal homicide;
(4) Robbery, aggravated robbery, especially aggravated robbery, or carjacking;
(5) Burglary, aggravated burglary, especially aggravated burglary;
(6) Cruelty to animals;
(7) Aggravated cruelty to animals;
(8) A threat of mass violence; or
(9) A criminal offense involving the use or display of a firearm.
This bill provides that before a juvenile court accepts a plea of guilty or no contest from a child who was 14 or older at the time of the offense and charged with a delinquent offense described in this bill, the court must notify the juvenile that the juvenile will be prohibited from possessing or purchasing a firearm until the juvenile reaches 25.
ACCEPTANCE OF PLEA
This bill authorizes, the court, after informing the juvenile of the firearm consequences of a plea of guilty or no contest, to accept the plea of guilty or no contest if the juvenile clearly states on the record that the juvenile is aware of the consequences of the adjudication and still wishes to enter a plea of guilty or no contest.
NOTIFICATION
This bill provides that if a juvenile is found by the court to have committed a delinquent act described in this bill, then the court must notify the juvenile of the prohibition on purchasing or possessing a firearm until the juvenile reaches 25.
Similarly, this bill requires the clerk of the juvenile court to notify the Tennessee bureau of investigation (TBI) of final disposition of delinquency proceedings against a juvenile adjudicated delinquent for an act described in this bill as soon as practicable but not later than three business days after final disposition of the delinquency proceedings.
UNLAWFUL POSSESSION OF A FIREARM
This bill provides that a person less than 25 who possesses a firearm commits a Class A misdemeanor if the person was adjudicated delinquent on or after July 1, 2024, for an act which, if committed by an adult, would have constituted any of the following offenses listed in (1)-(9) above.
A Class A misdemeanor is punishable by a term of imprisonment of 11 months, 29 days; a fine not more than $2,500; or both.
SELLING OF FIREARM BY LICENSED INDIVIDUAL
This bill provides that a person appropriately licensed by the federal government is authorized to stock and sell firearms to persons desiring firearms; however, sales are prohibited to persons who meet the following criteria:
(A) Have been convicted of the offense of stalking;
(B) Are addicted to alcohol;
(C) Are ineligible to receive firearms under federal law;
(D) Have been judicially committed to a mental institution or adjudicated as a mental defective; or
(E) Are less than 25 and have been adjudicated delinquent on or after July 1, 2024, for an act which, if committed by an adult, would have constituted any of the following offenses listed in (1)-(9) above.
This bill provides that in regard to being ineligible to receive firearms under federal law, the offense of violation of a protective order as prohibited is considered a misdemeanor crime of domestic violence under federal law.
TENNESSEE BUREAU OF INVESTIGATION
This bill authorizes the TBI to inspect files and records of the court in a proceeding for the limited purpose of performing a background check prior to the transfer of a firearm to determine whether a person has been adjudicated as a mental defective or committed to a mental institution at 16 or older, as required by federal law, or is prohibited from purchasing a firearm pursuant to this bill.
EXPUNCTION
Present law provides that a court is authorized to file a motion for expunction of all court files and juvenile records of any person who is tried and adjudicated delinquent or unruly by a juvenile court. Additionally, this bill authorizes a court to order all or any portion of the requested expunction if the person meets any of the following criteria:
(1) The person is 17 or older and meets other adjudicated-related criteria;
(2) The person has maintained responsible, civic-minded conduct for one or more years; or
(3) The person has made an adjustment of circumstances that the court believes that the expunction serves the best interest of the child and community.
This bill deletes (1) above and provides, instead, that the person is not currently prohibited from possessing or purchasing a firearm pursuant to this bill, and continues to meet other adjudicated-related criteria in present law. Additionally, this bill requires all of the criteria mentioned in new (1) and (2)-(3) above to be met in order for the court be able to order all or any portion of the requested expunction.
ORDER OF ADJUDICATION
This bill adds that an order of disposition or other adjudication is not a conviction of crime and, except as provided in this bill, does not impose any civil disability ordinarily resulting from a conviction or operate to disqualify the child from any state or civil service application or appointment.
Additionally, this bill adds that the disposition of a child and evidence adduced in a juvenile court hearing can be used in a criminal prosecution for a violation of the prohibition on purchasing or possessing imposed in this bill.
ON APRIL 22, 2024, THE HOUSE ADOPTED AMENDMENTS #1 AND #3 AND PASSED HOUSE BILL 1600, AS AMENDED.
AMENDMENT #1 makes the following changes:
(1) Removes cruelty to animals from the offenses listed in (1)-(9) in the bill summary;
(2) Revises the provision in the bill requiring the clerk of the juvenile court to notify the Tennessee bureau of investigation (TBI) of final disposition of delinquency proceedings against a juvenile adjudicated delinquent for an act described in this bill as soon as practicable but not later than three business days after final disposition of the delinquency proceedings by, instead, requiring the clerk of the juvenile court to electronically submit to the instant check unit of the TBI the final disposition of delinquency proceedings against a juvenile adjudicated delinquent for an act described in this bill as soon as practicable but not later than three business days after final disposition of the delinquency proceedings;
(3) If a person prohibited from purchasing or possessing a firearm until the juvenile reaches 25 or older and at least one year removed from person's most recent delinquency adjudication and completion of any disposition imposed, then authorizes the person to petition the juvenile court for reinstatement of the person's right to purchase or possess a firearm. In determining whether to grant a petition, the court must consider (i) the behavior of the person since the delinquency adjudication resulting in the prohibition; (ii) the likelihood that the person will engage in further criminal activity; and (iii) any other information the court considers relevant. The criminal court, or a court having criminal jurisdiction, may review the juvenile court's determination;
(4) If the court grants a petition for reinstatement of the person's right to purchase or possess a firearm and the court's order is not appealed, then requires the clerk of the juvenile court to electronically submit to the instant check unit of the Tennessee bureau of investigation a certified copy of the order reinstating the person's right to purchase or possess a firearm within three business days after the time period for filing an appeal has closed;
(5) Provides that the juvenile court has exclusive original jurisdiction over the proceedings arising under (1) and (2) above;
(6) Provides that the provisions relevant to the unlawful possession of a firearm in the bill summary do not apply if a court has reinstated the person's right to possess a firearm pursuant to (1) and (2) above;
(7) Revises the provision in the bill authorizing a person appropriately licensed by the federal government to stock and sell firearms to persons desiring firearms; however, sales are prohibited to persons who are under 25 and have been adjudicated delinquent on or after July 1, 2024, for an act which, if committed by an adult, would have constituted one more of the following offenses listed in (A)-(E) in the bill summary by, instead, prohibiting sales to persons who are under 25 and are currently prohibited from purchasing a firearm as a result of having been adjudicated delinquent on or after July 1, 2024, for an act which, if committed by an adult, would have constituted one or more of the following offenses listed in (A)-(E) in the bill summary;
(8) Revises the provision in the bill authorizing the TBI to inspect files and records of the court in a proceeding for the limited purpose of performing a background check prior to the transfer of a firearm to determine whether a person has been adjudicated as a mental defective or committed to a mental institution at 16 or older, as required by federal law, or is prohibited from purchasing a firearm pursuant to this bill by, instead, authorizing the TBI to inspect files and records of the court in a proceeding for the limited purpose of performing a background check prior to the transfer of a firearm pursuant to this bill or to determine eligibility for a handgun carry permit pursuant to existing law;
(9) Provides that the disposition of a child and evidence adduced in a juvenile court hearing can be used in a proceeding determining the suspension or revocation a handgun permit;
(10) Provides that it is an eligibility requirements for obtaining an enhanced handgun carry permit that if the applicant is under 25, that the applicant is not currently prohibited from purchasing or possessing a firearm as a result of having been adjudicated delinquent on or after July 1, 2024, for an act which, if committed by an adult, would have constituted one or more of the following offenses: (i) aggravated assault; (ii) aggravated assault against a first responder or nurse; (iii) criminal homicide; (iv) robbery, aggravated robbery, especially aggravated robbery, or carjacking; (v) burglary, aggravated burglary, especially aggravated burglary; (vi) aggravated cruelty to animals; (vii) a threat of mass violence; or (viii) a criminal offense involving the use or display of a firearm;
(11) Requires the department of safety to suspend or revoke a handgun permit upon a showing by its records or other sufficient evidence that the permit holder is under 25 and is currently prohibited from possessing a firearm as a result of having been adjudicated delinquent on or after July 1, 2024, for an act which, if committed by an adult, would have constituted one or more of the offenses (i)-(viii) in (4) above; and
(12) Authorizes a petitioner or the state to appeal a court's determination under (1) and (2) above to the criminal court or a court having criminal jurisdiction. The criminal court, or court having criminal jurisdiction, must hear the case de novo. An appeal from a court's determination under (1) and (2) above must be filed within 10 days, excluding nonjudicial days, following the entry of the juvenile court's order.
AMENDMENT #3 clarifies that the Tennessee bureau of investigation must transmit the final disposition to the department of safety for the department's use in determining eligibility under law relative to enhanced handgun carry permits and concealed handgun carry permits.

Statutes affected:
Introduced: 39-17-1307, 39-17-1316, 37-1-153(a), 37-1-153, 37-1-153(f)(1)(B), 37-1-133(a), 37-1-133, 37-1-133(b)
Amended with HA1012, HA1115 -- 04/22/2024: 39-17-1307, 39-17-1316, 37-1-153(a), 37-1-153, 37-1-153(f)(1)(B), 37-1-133(a), 37-1-133, 37-1-133(b), 37-1-103(a), 37-1-103, 39-17-1351(c), 39-17-1351, 39-17-1352(a), 39-17-1352, 37-1-159