Tennessee House Bill HB1390

Tennessee 2025-2026 Regular Session

• Introduced: 2/6/25
• Refer: 2/12/25
• Failed: 3/18/26

Caption

AN ACT to amend Tennessee Code Annotated, Title 33; Title 38 and Title 39, Chapter 17, relative to firearms.

Summary

HB1390 would create a Tennessee “extreme risk protection order” process, sometimes referred to as a red flag law. Under the bill, law enforcement officers/agencies and certain family members could petition a circuit court for an order alleging that a person poses a significant danger of causing personal injury to self or others if allowed to possess, purchase, or receive firearms or ammunition. The court could issue a temporary ex parte order without notice in urgent cases, then hold a hearing within 14 days. If the court finds clear and convincing evidence of danger, it must issue an order lasting up to 12 months, with procedures for extension, vacation, and notice to the respondent.

Impact

The bill would add multiple new sections to Tennessee Code Annotated Title 39, Chapter 17, Part 13, and would also amend the firearm dealer waiting-period statute. It would require surrender of firearms, ammunition, and handgun carry permits when an extreme risk protection order is issued; authorize law enforcement to seek search warrants for un-surrendered firearms; direct courts and law enforcement to enter orders into state and national databases; and require the Department of Safety to suspend and later reinstate handgun carry permits based on the order’s status. The bill also creates criminal penalties for violating an order and a separate Class A misdemeanor for storing a firearm unsecured, unloaded, and not separated from ammunition, and it extends the firearm transfer waiting period to 15 business days for most dealer sales.

Sentiment

No committee transcripts or recorded votes were provided, so there is no direct evidence of debate, amendments, or formal support/opposition in the available context. Based on the bill text alone, the measure appears to be a public-safety-focused firearms regulation proposal intended to prevent gun violence and self-harm by temporarily restricting access to firearms for individuals deemed dangerous. The structure of the bill, including court hearings, evidentiary standards, and return procedures, suggests an effort to balance safety concerns with due-process protections.

Contention

The main likely point of contention is the creation of an extreme risk protection order regime, because it allows temporary removal of firearms based on a judicial finding of dangerousness and can be initiated by law enforcement or family members. Opponents of such laws often raise due-process, false-reporting, and Second Amendment concerns, while supporters emphasize suicide prevention, domestic violence prevention, and rapid intervention in crisis situations. Another likely area of debate is the new storage offense and the 15-business-day dealer waiting period, both of which expand firearm regulation beyond the red-flag process itself.