Amends TCA Title 4, Chapter 3; Section 10-7-504 and Title 39, Chapter 17, Part 13.

VOLUNTARY WAIVER - CIRCUIT COURT<br /> <br /> This bill authorizes a person to file a voluntary waiver of firearm rights form with the clerk of the circuit court in the county of the person's residence, which has the effect of prohibiting the person executing the form from receiving a firearm while the waiver is in effect. The clerk is required to request a valid government-issued photo identification to verify the person's identity prior to accepting the form. By the end of the business day on which the form was received, the clerk must transmit the accepted form to the Tennessee bureau of investigation ("TBI"). The TBI must provide the department of safety ("department") with a copy of the enrollment form within 48 hours of receiving a form. If the person has a handgun carry permit issued pursuant to present law, then the department must revoke the person's permit. <br /> <br /> VOLUNTARY WAIVER - HEALTHCARE PROVIDER<br /> <br /> This bill authorizes a person to submit a voluntary waiver of firearm rights form to a healthcare provider. The healthcare provider must verify the person's identity before accepting the form, and must not accept a form from someone other than the person named on the form. By the end of the business day on which the form was received, the healthcare provider must electronically deliver the person's completed form to the TBI. <br /> <br /> NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM<br /> <br /> This bill requires the TBI to enter the voluntary waiver of firearm rights form into the national instant criminal background check system ("NICS") and other federal or state computer-based systems used by law enforcement agencies to identify prohibited purchasers of firearms within 24 hours of receipt of the form. <br /> <br /> REVOCATION OF WAIVER<br /> <br /> No sooner than seven calendar days after filing a voluntary waiver of firearm rights form, this bill authorizes the person to file a revocation of the voluntary waiver of firearm rights form with the clerk of any circuit court, which has the effect of permitting the person executing the form to receive a firearm after the TBI has completed processing the revocation form and 21 calendar days have passed since the TBI's receipt of the revocation form, unless the person is otherwise ineligible to purchase or possess a firearm under federal or state law. The clerk must request valid government-issued photo identification to verify the person's identity prior to accepting the revocation form.<br /> <br /> By the end of the business day on which the revocation form was received, this bill requires the clerk to transmit the revocation form to the TBI and destroy all records related to the person's voluntary waiver of firearm rights form and revocation of voluntary waiver of firearm rights form. Twenty-one calendar days after receiving a revocation of voluntary waiver of firearm rights form, the TBI must remove the person from the NICS and other federal or state computer-based systems used by law enforcement to identify prohibited purchasers of firearms in which the person's voluntary waiver of firearm rights was entered, unless the person is otherwise ineligible to purchase or possess a firearm under federal or state law.<br /> <br /> DESTRUCTION OF RECORDS<br /> <br /> This bill requires the TBI to destroy all records related to the person's voluntary waiver of firearm rights and revocation of voluntary waiver of firearm rights after removing the person from the NICS and other federal or state computer­based systems. The TBI must provide the department with a copy of the revocation form within 48 hours of receiving the revocation form. If the person is a handgun carry permit holder, then the department must reinstate the person's permit to carry, unless the person is otherwise ineligible to obtain a permit under state law. The department must destroy all records related to the person's enrollment on the voluntary do not sell list after reinstating the person's permit to carry. <br /> <br /> FALSE STATEMENT<br /> <br /> This bill provides that a person who knowingly makes a false statement regarding the person's identity on a voluntary waiver of firearm rights form or a revocation of voluntary waiver of firearm rights form commits the offense of perjury which is a Class A misdemeanor. Generally, a Class A misdemeanor is punishable by a term of imprisonment of 11 months, 29 days, a maximum fine of $2,500, or both.<br /> <br /> LEGAL PROCEEDINGS<br /> <br /> This bill prohibits a voluntary waiver of firearm rights form and a revocation of voluntary waiver of firearm rights form from being considered by a court in a legal proceeding in which the person executing the form is a party, except a criminal prosecution under this bill or present law.<br /> <br /> DEVELOPMENT OF FORMS<br /> <br /> This bill requires the TBI to develop the voluntary waiver of firearm rights form and revocation of voluntary waiver of firearm rights form. The voluntary waiver of firearm rights form must: <br /> <br /> (1) Contain a signature line for the applicant and state that the form is signed under penalty of perjury;<br /> <br /> (2) Include all information necessary for identification and entry of the person into the NICS indices to identify prohibited purchasers of firearms; and<br /> <br /> (3) Be made available to the public on the TBI website and the administrative office of the courts' website and must be distributed to all circuit court clerks and made available on the clerks' websites.<br /> <br /> CRIMINAL HISTORY RECORD CHECK<br /> <br /> Present law provides that upon receipt of a request of the gun dealer for a criminal history record check, one of the actions the TBI must immediately do, during the gun dealer's telephone call or by return call, is to determine, from criminal records and other information available to it, whether the purchaser is disqualified from completing the purchase. This bill adds to the above provision by also requiring the TBI to determine, from criminal records and other information available to it, whether the purchaser has executed a voluntary waiver of firearm rights form.<br /> <br /> PROHIBITTED FIREARM SALES AND TRANSFERS<br /> <br /> This bill adds that it is an offense to sell or transfer a firearm to a person knowing that the person has executed a voluntary waiver of firearm rights form and the waiver has not been revoked.<br /> <br /> CONFIDENTIAL RECORDS - EXCEPTIONS<br /> <br /> This bill provides that records obtained and produced under this bill are confidential and are not an open record, except that such information may be disclosed to a law enforcement officer acting in the performance of the officer's official duties, in a criminal prosecution, or to the applicant with respect to the applicant's own information.<br /> <br /> RULEMAKING<br /> <br /> This bill authorizes the TBI to promulgate rules necessary to effectuate this bill. <br />