Amends TCA Title 10; Title 33; Title 38; Title 39; Title 40; Title 50 and Title 70.

ON APRIL 29, 2021, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 902, AS AMENDED. AMENDMENT #1 rewrites this bill and prohibits state and local government entities, officials, employees, and agents from knowingly: (1) Creating or maintaining any firearm registry with the intent to record the possession or ownership of a firearm or firearm accessory by individuals or non-governmental entities; and (2) Transmitting to any federal government entity, official, employee, or agent any firearm registry or registry entry. A violation of item (1) or (2) above will be a Class E felony and may result in a civil action under the present law provision governing parties adversely affected by local regulation of firearms, ammunition, and knives. If a state or local entity violates item (1) or (2) above, the violation will result in loss of funding from the state for the following fiscal year and any subsequent fiscal year during which the violation occurs. For the purposes of this amendment, a "registry" means a record of possession or ownership by individuals or non-governmental entities of a firearm or firearm accessory, such as the serial number. Under this amendment, a firearm registry does not include: (A) A temporary log or record maintained by a state or private entity for the purpose of temporary storage of firearms; (B) A receipt or record generated while the firearm is in possession of a state or private entity pursuant to the normal operations of that entity unless prohibited by state law; (C) A record of persons assigned firearms that are purchased, owned, or authorized for carry in the course of employment by a state or local law enforcement agency by a state or local law enforcement agency; (D) A record maintained in connection with a criminal, civil, or administrative court case; (E) A record created or received by the department of correction for certain purposes detailed in the amendment: or (F) A record created, received, or maintained by the Tennessee peace officer standards and training commission, the Jerry F. Agee Tennessee law enforcement training academy, or a law enforcement agency pursuant to the following present law provisions governing: written directives and permit to carry handguns, law enforcement shooting ranges and maintenance of a list approved of certified firearms instructors, determinations of eligibility of retired officers to carry a firearm under federal law, and employees of higher education institutions and schools who are authorized to carry a concealed handgun on school property. This amendment requires that firearm information contained in the documents in items (A)-(F) above be redacted by the record holder prior to any release pursuant to the present law provision regarding records open to public inspection. This amendment also revises the following present law provisions: (a) Present law generally provides that a party who is adversely affected by an ordinance, resolution, policy, rule, or other enactment that is adopted or enforced by a county, city, town, municipality, or metropolitan government or any local agency, department, or official that violates the provision governing preemption of local regulation of firearms, ammunition, and knives may file an action in a court of competent jurisdiction against the county, city, town, municipality, or metropolitan government for declaratory and injunctive relief and certain damages. For the purposes of such provision, a party is "adversely affected" if, among other things, the party is an individual who is or was subject to the ordinance, resolution, policy, rule, or other enactment that is the subject of an action filed under the provision discussed prior. An individual is or was subject to the ordinance, resolution, policy, rule, or other enactment if the individual is or was physically present within the boundaries of the political subdivision. This amendment includes in the definition of adversely affected party an individual who was included as an entry on a database, registry, or collection of records. This amendment also clarifies that the person "is or was subject" to such action if the individual is or was physically present within the boundaries of the political subdivision for any reason. (b) Under present law, a prevailing plaintiff in an action discussed above in item (a) is entitled to recovery from the county, city, town, municipality, or metropolitan government, among other things, the greater of actual damages, including consequential damages attributable to the ordinance, resolution, policy, rule, or other enactment or three times the plaintiff's attorney's fees. This amendment adds the state and local governments and extends the provision to include damages attributable to the database, registry, or collection of records. ON MAY 4, 2021, THE SENATE SUBSTITUTED HOUSE BILL 902 FOR SENATE BILL 1334, ADOPTED AMENDMENT #2, AND PASSED HOUSE BILL 902, AS AMENDED. AMENDMENT #2 deletes the provisions that prohibit an official, employee, or agent from knowingly transmitting to any federal government entity, official, employee, or agent any firearm registry or registry entry. This amendment adds to present law that authorizes a party who is adversely affected by an ordinance, resolution, policy, rule, or other enactment that is adopted or enforced by a county, city, town, municipality, or metropolitan government or any local agency, department, or official that violates this section may file an action in a court of competent jurisdiction against the county, city, town, municipality, or metropolitan government. This amendment adds authorization for any such party to file an action against any such defendant for the creation or maintenance of a record, database, registry, or collection of records, in violation of this bill, by a state or local government entity, official, employee, or agent.