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TN SB1131

TN SB1131
AN ACT to amend Tennessee Code Annotated, Title 36 and Title 39, relative to emergency protection orders.


summary

Introduced
02/06/2025
In Committee
Crossed Over
Passed
Dead

Introduced Session

114th General Assembly

Bill Summary

As introduced, allows a court to issue an emergency protection order upon a finding that a person poses an imminent risk of harm to the person or others if allowed to purchase or possess a firearm; authorizes a family member, household member, intimate partner, or law enforcement officer to petition for such an order. - Amends TCA Title 36 and Title 39.

AI Summary

This bill establishes a new legal mechanism for issuing emergency protection orders in Tennessee that temporarily prohibit individuals deemed to pose an imminent risk of harm from purchasing or possessing firearms. Specifically, the legislation allows family members, household members, intimate partners, or law enforcement officers to petition a court for an order if they have a reasonable belief that a person could cause harm to themselves or others by having access to firearms. The bill outlines a detailed process where an initial ex parte (temporary) order can be issued immediately, followed by a hearing within 30 days where a judge can extend the order for up to one year if the petitioner proves an imminent risk by a preponderance of the evidence. When an emergency protection order is issued, the respondent must surrender all firearms within 48 hours through lawful means like transferring them to a third party, and violating the order is a Class A misdemeanor. The bill also specifies that petitioners will not be required to pay court costs, and the administrative office of the courts must develop standardized forms to implement these new protections. The law is set to take effect in stages, with initial form development beginning immediately and full implementation occurring on July 1, 2025.

Committee Categories

Justice

Sponsors (1)

Last Action

Passed on Second Consideration, refer to Senate Judiciary Committee (on 02/12/2025)

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