This bill enacts the "Tennessee Voluntary Do Not Sell Firearms Act," as described below. This bill authorizes a person to file a voluntary waiver of firearm rights form, either in person or electronically, with the circuit court clerk in the county of the person's residence, which has the effect of prohibiting the person executing the form from possessing or receiving a firearm while the waiver is in effect. The clerk must request a physical or scanned copy of valid government-issued photo identification to verify the person's identity prior to accepting the form. By the end of the business day on which the form was received, the clerk must transmit the accepted form to the Tennessee bureau of investigation (TBI). The TBI must provide the department of safety with a copy of the enrollment form within 48 hours of receiving a form. If the person has an enhanced or concealed handgun carry permit, then the department of safety must suspend the person's permit. This bill requires the TBI to enter the voluntary waiver of firearm rights form into the national instant criminal background check system and other federal or state computer-based systems used by law enforcement agencies to identify prohibited purchasers of firearms within 24 hours of receipt of the form. FORM This bill requires the TBI to develop a voluntary waiver of firearm rights form and a revocation of voluntary waiver of firearm rights form. This bill provides that the voluntary waiver of firearm rights form must (i) contain a signature line for the applicant and state that the form is signed under penalty of perjury, (ii) include all information necessary for identification and entry of the person into the national instant criminal background check system NICS indices to identify prohibited purchasers of firearms, and (iii) be made available to the public on the TBI website and the administrative office of the courts' website and must be distributed to all circuit court clerks and made available on the clerks' websites. REVOCATION No sooner than seven calendar days after filing a voluntary waiver of firearm rights form, this bill authorizes the person to file a revocation of the voluntary waiver of firearm rights form, either in writing or electronically, with the clerk of any circuit court, which has the effect of permitting the person executing the form to possess or receive a firearm after the TBI has completed processing the revocation form and 21 calendar days have passed since the TBI's receipt of the revocation form, unless the person is otherwise ineligible to purchase or possess a firearm under federal or state law. The clerk must request a physical or scanned copy of valid government-issued photo identification to verify the person's identity prior to accepting the revocation form. By the end of the business day on which the revocation form was received, the clerk must transmit the revocation form to the TBI and destroy all records related to the person's voluntary waiver of firearm rights form and revocation of voluntary waiver of firearm rights form. Twenty-one calendar days after receiving a revocation of voluntary waiver of firearm rights form, this bill requires the TBI to 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 voluntary waiver of firearm rights form was entered, unless the person is otherwise ineligible to purchase or possess a firearm under federal or state law. The TBI must destroy all records related to the person's voluntary waiver of firearm rights and revocation of voluntary waiver of firearm rights after removing the person from the national instant criminal background check system and other federal or state computer-based systems. The TBI must provide the department of safety with a copy of the revocation form within 48 hours of receiving the revocation form. If the person is an enhanced or concealed handgun carry permit holder pursuant to law, then the department of safety must reinstate the person's permit to carry, unless the person is otherwise ineligible to obtain a permit under state law. The department of safety must destroy all records related to the person's enrollment on the voluntary do not sell list after reinstating the person's permit to carry. PERJURY This bill provides that a person who knowingly makes a false statement regarding the person's identity on a voluntary waiver of firearm rights form or a revocation of voluntary waiver of firearm rights form commits perjury. LEGAL PROCEEDINGS This bill prohibits a voluntary waiver of firearm rights form and a revocation of voluntary waiver of firearm rights form from being considered by a court in a legal proceeding in which the person executing the form is a party, except a criminal prosecution under this bill or certain exceptions relative to the sale of dangerous weapons. CONFIDENTIALITY This bill provides that records obtained and produced under this bill are confidential and are not an open record pursuant to present law, except that such information may be disclosed to a law enforcement officer acting in the performance of the officer's official duties, in the course of a criminal prosecution, or to the applicant with respect to the applicant's own information. REQUEST OF GUN DEALER Upon receipt of a request of the gun dealer for a criminal history record check, present law requires the TBI to immediately, during the gun dealer's telephone call or by return call, determine from criminal records and other information available to it, whether the purchaser is disqualified under present law from completing the purchase and notify the dealer when a purchaser is disqualified from completing the transfer or provide the dealer with a unique approval number indicating that the purchaser is qualified to complete the transfer. This bill removes the requirement that the TBI must provide the dealer with a unique approval number indicating that the purchaser is qualified to complete the transfer and, instead, requires the TBI to determine whether the purchaser has executed a voluntary waiver of firearm rights form pursuant to this bill. VIOLATION This bill provides that it is an offense to sell or transfer a firearm to a person knowing that the person has executed a voluntary waiver of firearm rights form pursuant to this bill, and the waiver has not been revoked. This bill additionally provides that if a person has executed a voluntary waiver of firearm rights form pursuant to this bill and the waiver has not been revoked, then the person must not knowingly receive or possess a firearm. A person who violates this provision is subject to a civil fine not exceeding $100. The person may elect to complete four hours of community service in lieu of paying the civil penalty.

Statutes affected:
Introduced: 39-17-1316(d)(1), 39-17-1316, 39-17-1316(q), 10-7-504