AN ACT to amend Tennessee Code Annotated, Title 36; Title 39 and Title 40, relative to firearms dispossession.
HB0948 would revise Tennessee’s firearms dispossession procedures in cases involving orders of protection and certain criminal convictions. The bill requires a person subject to an applicable court order to surrender any firearms in their possession to a law enforcement agency designated by the court within 48 hours, and it bars firearm possession for as long as the protective order or successive order remains in effect. It also requires the person to return proof of surrender to the court within three business days, including a receipt from law enforcement and an affidavit of firearms dispossession.
For criminal cases under Tennessee Code Annotated § 39-13-111, the bill makes parallel changes requiring defendants to transfer firearms to a court-designated law enforcement agency within 48 hours and file the affidavit and receipt with the convicting court within three business days. It directs the Administrative Office of the Courts to create and post the affidavit form, and it requires law enforcement to issue and retain receipts identifying surrendered firearms. The bill also deletes a provision in Title 40 related to firearm dispossession procedures, and it applies prospectively to offenses committed on or after July 1, 2025, while taking effect immediately for form development.
The bill’s impact would be to tighten and standardize the process for removing firearms from individuals subject to domestic violence protective orders or certain convictions, while creating clearer documentation and tracking requirements for courts and law enforcement. It would amend multiple sections of Tennessee law governing protective orders, criminal sentencing-related firearm restrictions, and court administration, and it would add administrative duties for the courts and local law enforcement agencies.
The available voting history suggests the bill faced significant opposition in committee, as it failed in the House Civil Justice Subcommittee by a 1-7 vote. No committee transcript is provided, so the record does not show detailed debate, but the vote indicates the measure was not broadly supported at that stage. Based on the bill’s subject matter, likely points of contention include the burden on respondents and defendants to surrender firearms quickly, the role of law enforcement in receiving and documenting firearms, and broader concerns about firearm restrictions in domestic violence and criminal justice contexts.
HB0948 would amend Tennessee’s firearms dispossession statutes in Titles 36, 39, and 40 by imposing a 48-hour surrender requirement, adding receipt and affidavit filing obligations, and directing the Administrative Office of the Courts to create a standardized affidavit form. It would affect respondents subject to orders of protection, defendants convicted of covered offenses, courts, court clerks, and designated law enforcement agencies, while applying to offenses committed on or after July 1, 2025.
The bill appears to have had limited support in the only recorded vote, failing 1-7 in the House Civil Justice Subcommittee. With no transcript available, the broader discussion cannot be directly assessed, but the vote suggests the measure was viewed skeptically or opposed by most members at that stage.
The main points of contention likely center on whether the bill’s firearm surrender deadlines and documentation requirements are appropriate and workable, especially for people subject to protective orders or criminal convictions. Opponents may have concerns about due process, enforcement logistics, and the practical burden on respondents, while supporters would likely emphasize public safety, clearer compliance procedures, and better tracking of surrendered firearms. The failed subcommittee vote indicates these issues were not resolved in the bill’s favor.