Amends TCA Section 10-7-504 and Title 39, Chapter 17, Part 13.

This bill creates a process for a person to file a voluntary waiver of firearm rights for the purpose of prohibiting the person from possessing or purchasing a firearm.<br /> <br /> Under this bill:<br /> <br /> (1) A person may file a voluntary waiver of firearm rights form with the clerk of the circuit court in the county of the person's residence;<br /> <br /> (2) The filing of the waiver form will prohibit the person executing the form from purchasing or possessing a firearm while the waiver is in effect;<br /> <br /> (3) Upon receiving the form, the clerk must request photo identification to verify the person's identity;<br /> <br /> (4) The clerk must transfer the form to the department of safety by the end of the business day on which the form was received; and<br /> <br /> (5) The department of safety must enter the waiver into the national instant criminal background check system and other computer-based systems used by law enforcement agencies to identify prohibited purchasers of firearms within 24 hours of receiving the form.<br /> <br /> This bill creates a process for a revocation of the voluntary waiver of firearm right as follows:<br /> <br /> (1) A person may file a revocation of the voluntary waiver of firearm rights, with the same clerk with whom the waiver was initially filed, no sooner than seven days after filing the initial voluntary waiver of firearm rights;<br /> <br /> (2) The filling of a revocation form will allow the person executing the form to possess or purchase a firearm after the department of safety has completed processing the form;<br /> <br /> (3) The clerk must request photo identification to verify the person's identity.<br /> <br /> (4) The clerk must transmit the form to the department of safety and destroy all records related to the person's voluntary waiver of firearm rights and revocation of that waiver by the end of the business day on which the form is received; and<br /> <br /> (5) The department of safety must remove the person from the national instant criminal background check system and other computer-based systems used by law enforcement agencies to identify prohibited purchasers of firearms within seven days. The department must destroy all records related to the person's voluntary waiver of firearm rights and revocation.<br /> <br /> Under present law, upon receipt of a request of a gun dealer for a criminal history record check, the TBI must, during the gun dealer's telephone call or by return call, determine, from criminal records and other information available to it, whether the purchaser is disqualified from completing the purchase. This bill adds that the TBI may, alternatively, determine whether the purchaser has executed a voluntary waiver under this bill.<br /> <br /> Under this bill, a person commits:<br /> <br /> (1) The offense of perjury if the person knowingly makes a false statement regarding the person's identity on a voluntary waiver of firearm rights form or a revocation form; and<br /> <br /> (2) A Class A misdemeanor if the person sells or transfers a firearm to a person knowing that the person has executed a voluntary waiver of firearm rights that has not been revoked.<br />