Amends TCA Title 36, Chapter 3, Part 6; Title 38; Title 39, Chapter 13, Part 1 and Title 39, Chapter 17, Part 13.

Generally present law requires, upon issuance of an order of protection, the court to order and instruct the respondent to terminate any physical possession of any firearms in the respondent's possession within 48 hours and to complete and return an affidavit of firearm dispossession. Upon issuance of the order of protection, its provisions and date and time of issuance must be transmitted to the sheriff and all local law enforcement agencies in the county where the respondent resides.<br /> <br /> This bill adds to present law a requirement for local law enforcement to conduct in-person checks to ensure the respondent to an order of protection has complied with the dispossession of any firearms. This bill requires that this check occur within 15 days of the expiration of the 48-hour deadline for dispossession and requires local law enforcement to conduct at least one additional check prior to the expiration of the order. <br /> <br /> Generally under present law, a weapon that is possessed, used, or sold in violation of the law must be confiscated by a law enforcement officer and declared to be contraband by a court of record exercising criminal jurisdiction, and may, after procedural requirements are followed, be disposed of. Under present law, a firearms subject to dispossession order is not subject to the confiscation and disposition provisions described above, unless the possession of the firearm prior to the entry of the order of protection constituted an independent crime of which the respondent has been convicted or the firearm is abandoned by the respondent. This bill adds as grounds that make a dispossessed firearm subject to confiscation and disposal the respondent's failure to comply with the order requiring lawful dispossession of the respondent's firearms.<br /> <br /> This bill requires that the affidavit of firearms dispossession form include a section for a third party to whom the respondent transfers possession of firearms to certify that the third party is not prohibited from possessing firearms, acknowledges receipt of firearms from the respondent, and accepts liability for any use of those dispossessed firearms by the respondent until such time the respondent may legally reassume possession of the dispossessed firearms.<br /> <br /> This bill adds that a petition for an order of protection and the order of protection must include a statement that the respondent is required to cooperate with any in-person firearm dispossession check. <br /> <br />