This bill enacts the “Keeping our Streets Safe: Expand Background Checks Act,” as described below.
GENERAL PROVISIONS
This bill prohibits a person from selling or transferring ownership of a firearm, or purchasing or obtaining ownership of a firearm, unless any of the following apply:
(1) The seller or transferor is a gun dealer;
(2) The seller or transferor makes the sale or transfer to or through a gun dealer and obtains a receipt;
(3) The sale or transfer of ownership of the firearm is either of an antique firearm as defined by federal statute; is a transfer of a firearm between gun dealers or wholesalers and dealer; or is a transfer of any firearm to a law enforcement or military agency;
(4) A transferor is transferring ownership of the firearm to a family member by gift, bequest or inheritance and the transferee is at least 18 years of age and not prohibited from possessing a firearm by law; or
(5) The transferor is transferring ownership of the firearm with the intent that the transfer be temporary, neither the transferor nor the transferee is prohibited from possessing a firearm by state law, and the purpose of the transfer is not prohibited by law.
For the purposes of this bill, a “family member” includes a spouse, parent, grandparent, sibling, child or grandchild, whether the relationship is by blood, marriage, or adoption.
PENALTIES
This bill specifies that any person who intentionally violates any of these provisions commits a Class B misdemeanor and must be fined an amount between $500 and $10,000. Furthermore, the person may also be imprisoned for a period no greater than nine months. In addition, this bill clarifies that a person convicted of this misdemeanor is prohibited from possessing a firearm for a period of two years.
NOTIFICATION REQUIREMENTS
Generally, present law requires the following notification requirements:
(1) A circuit court, criminal court, chancery court, general sessions court, or a county and a probate court with the authority to order commitments to a mental institution are mandated to enter a standing and continuing order instructing the respective clerk to collect and report as soon as practicable, but no later than the third business day following the date of such an order or adjudication to the federal bureau of investigation-NICS Index and the department of safety. This bill requires the court to enter a standing and continuing order within 72 hours following the date the order or adjudication;
(2) The clerks of circuit, criminal, special, and general sessions courts are required, among their other duties, to notify the Tennessee bureau of investigation (TBI) of the final disposition of criminal proceedings against a person as soon as practicable but no later than 30 days after final disposition of the criminal proceedings. This bill requires that the respective clerk notify the TBI of the final disposition of criminal proceedings against a person within 72 hours after the final disposition of said proceedings;
(3) If a service recipient is involuntarily committed to an inpatient treatment facility, the facility must report the service recipient to local law enforcement as soon as practicable, but no later than the third business day following the date of such commitment. The local law enforcement, in turn, must notify the FBI-NCIS Index and the department of safety as soon as practicable, but no later than the third business day following the date of receiving the notification from the facility. This bill changes both notification requirements from no later than the third business day to within 72 hours of receiving the respective required information; and
(4) If a patient is involuntarily committed to inpatient treatment at a licensed hospital, the hospital is required to report the service recipient to local law enforcement as soon as practicable, but no later than the third business day following the date of such commitment. The local law enforcement, in turn, must report the service recipient to the federal bureau of investigation-NICS Index and the department of safety as soon as practicable, but no later than the third business day following the date of receiving such notification. This bill changes both notification requirements from no later than the third business day to within 72 hours of receiving the respective required information.

Statutes affected:
Introduced: 16-10-213(b), 16-10-213, 16-11-206(b), 16-11-206, 16-15-303(g)(2), 16-15-303, 16-16-120(b), 16-16-120, 18-4-103(9), 18-4-103, 18-4-203(b)(4), 18-4-203, 33-3-117(a), 33-3-117, 68-11-210(f)(2), 68-11-210