Amends TCA Title 16; Title 33 and Title 39, Chapter 17.

This bill prohibits a person who is voluntarily admitted to a mental health treatment facility for inpatient treatment from possessing a firearm if a court finds that:<br /> <br /> (1) The person underwent an involuntary examination pursuant to present law immediately prior to being voluntarily admitted to a mental health treatment facility;<br /> (2) The examining physician who conducted the involuntary examination found that the person poses an immediate substantial likelihood of serious harm because of a mental illness or serious emotional disturbance;<br /> (3) The examining physician certified that if the person did not agree to voluntary treatment, a certificate of need for the emergency diagnosis, evaluation, and treatment would be filed pursuant to present law. The certification required pursuant to this provision must show the factual foundation for the conclusions on each item listed in the present law provisions governing admission and commitment, as applicable; and<br /> (4) Prior to agreeing to voluntary admission under the circumstances described in this (1)-(3) above, the person received written notice of the certification and written notice that as a result of being voluntarily admitted, the person may be prohibited from possessing a firearm. This bill provides a sample notification.<br /> <br /> A court must make a finding that all above requirements have been satisfied prior to prohibiting a person from possessing a firearm pursuant to this bill. This bill creates the Class A misdemeanor of a person possessing a firearm while the person undergoes an examination to determine emergency involuntary admission to an inpatient treatment facility.<br /> <br /> Under present law, it is a Class A misdemeanor for certain persons to possess a firearm, such as a person who is subject to an order of protection. This bill adds that this offense also applies to possession by a person who meets the mental health criteria established by this bill.<br /> <br /> Under present law, it is a Class A misdemeanor for a person to purchase or attempt to purchase a firearm knowing that the person is prohibited by state or federal law from owning, possessing or purchasing a firearm. Also, it is a Class A misdemeanor to sell or offer to sell a firearm to a person knowing that the person is prohibited by state or federal law from owning, possessing or purchasing a firearm. This bill adds that it is a Class A misdemeanor to return or otherwise transfer a firearm to a person knowing that the person:<br /> <br /> (1) Is judicially committed to a mental institution, adjudicated as a mental defective, or is prohibited from possessing a firearm pursuant to the mental health criteria established by this bill; and <br /> (2) The person's right to possess firearms has not been restored under present law.<br /> <br /> ON APRIL 15, 2019, THE HOUSE ADOPTED AMENDMENT #2 AND PASSED HOUSE BILL 754, AS AMENDED.<br /> <br /> AMENDMENT #2 rewrites this bill to create a Class A misdemeanor offense for the transfer of a firearm to a person knowing that the person:<br /> <br /> (1) Has been judicially committed to a mental institution or adjudicated as a mental defective unless the person's right to possess firearms has been restored; or<br /> (2) Is receiving inpatient mental health or substance abuse treatment at a hospital or treatment resource.<br /> <br />