Amends TCA Title 36 and Title 39.

This bill authorizes a court to grant an emergency protection order upon a finding of imminent risk of harm to the respondent or others if the respondent is allowed to possess or purchase a firearm, as described below. Under this bill, any family member, household member, intimate partner, or law enforcement officer who has a reasonable belief that a person poses an imminent risk of harm to the person or others if allowed to purchase or possess a firearm may seek relief under this bill by filing a sworn petition for an emergency protection order (order) against the respondent. The court may immediately, for good cause shown, issue an ex parte emergency protection order. This bill provides that an immediate and present risk of harm to the respondent or others if allowed to purchase or possess a firearm constitutes good cause for purposes of an order. An ex parte order pursuant to this bill will prohibit the respondent from purchasing or possessing any firearm during the period the order is in effect. A hearing must be held within 30 days of service of an ex parte order on the respondent. There, the court must either dissolve the order or, if the petitioner has proved the allegation by a preponderance of the evidence, extend the emergency protection order for a definite period of time not to exceed one year. Such an order may be continued for subsequent one-year periods upon further hearings. If no ex parte order has been issued as of the time of the hearing, and the petitioner has proved the allegation by a preponderance of the evidence, the court may issue an order prohibiting the respondent from purchasing or possessing a firearm for a time not to exceed one year. The person filing a petition for an emergency protection order will not be required to bear any costs related to an ex parte emergency protection order. If the court extends the order, all costs and fees will be assessed against the respondent. This bill requires the court clerk to immediately forward a copy of any order issued pursuant to this bill and any subsequent modifications or dismissal to the petitioner, respondent, and local law enforcement agencies in the area where the respondent resides. The law enforcement agency must take any necessary action to immediately transfer the order to the national crime information center. Within the time the order is in effect, any court of competent jurisdiction may modify the order, either upon the court's own motion or the petitioner's, or terminate the order, either upon the court's own motion or the respondent's motion. In order to terminate the order under this bill, the court must find that the respondent no longer poses an imminent risk of harm to the person or others if allowed to purchase or possess a firearm. This bill requires the court to cause the respondent to be served with a copy of the petition and notice of the hearing and a copy of any ex parte order at least five days prior to the hearing. Ex parte orders must be personally served to respondent. If the respondent has been served with a copy of a petition for an order, notice of hearing, and any ex parte order, any subsequent protection will be effective when the order is entered. This bill authorizes the court to order that the protection order take effect immediately if the court finds that the protection of the petitioner, respondent, or others so requires. It will be a Class A misdemeanor for a person to knowingly violate an emergency protection order. In order to constitute such a violation: (1) The respondent must have received notice of the request for an emergency protection order; (2) The respondent must have had an opportunity to appear and be heard in connection with the order; and (3) The court must have made specific findings of fact in the order that the respondent posed an imminent risk of harm to the person or others if allowed to purchase or possess a firearm. This bill prohibits an ex parte order of protection from being enforced by arrest until the respondent has been served with the order or otherwise acquired actual knowledge of such order. This bill requires the arresting officer to inform the petitioner of the respondent's violation of the order. Under this bill, an arrest for the violation of an order may be with or without a warrant. Any law enforcement officer must arrest the respondent without a warrant if: (1) The officer has proper jurisdiction over the area in which the violation occurred; (2) The officer has reasonable cause to believe the respondent has violated or is in violation of the emergency protection order; and (3) The officer has verified whether an emergency protection order is in effect against the respondent. If necessary, the police officer may verify the existence of an emergency protection order by telephone or radio communication with the appropriate law enforcement agency. This bill requires that the order disclose that the respondent must dispossess all firearms the respondent possesses within 48 hours of the issuance of the order by lawful means, that the respondent is prohibited from possessing a firearm for so long as the order is in effect, and the violation of the order is a Class A misdemeanor. Failure to surrender or transfer all firearms the respondent possesses as required by this bill is a Class A misdemeanor, and a violation of the order. This bill requires the office of the clerk of court to provide forms necessary to seek an order under this bill and the administrative office of the courts to develop a petition for an emergency protection order form, an amended emergency protection order form, an ex parte emergency protection form, an affidavit of firearms dispossession form, and other forms that are found to be necessary. For the purposes of developing forms described in this bill, this bill will take effect upon becoming law. For all other purposes, this bill will take effect July 1, 2021.