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

As of January 1, 2025, this bill enacts the "Tennessee Voluntary Do Not Sell Firearms Act," which 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 must request 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). <br /> <br /> This bill authorizes a person to submit a voluntary waiver of firearm rights form to any 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 provider must electronically deliver the person's completed form to the TBI.<br /> <br /> This bill requires the TBI to enter the voluntary waiver of firearm rights into the national instant criminal background check system 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 /> REVOCATIONS<br /> <br /> This bill authorizes a person, no sooner than seven calendar days after filing a voluntary waiver of firearm rights, to file a revocation of the voluntary waiver of firearm rights 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 form. By the end of the business day on which the form was received, the clerk must transmit the form to the TBI and destroy all records related to the person's voluntary waiver of firearm rights and revocation of voluntary waiver of firearm rights. Within 21 calendar days after receiving a revocation of voluntary waiver of firearm rights, the TBI must remove the person from the national instant criminal background check system 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. The TBI must 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 national instant criminal background check system and other federal or state computer-based systems.<br /> <br /> PERJURY<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.<br /> <br /> USE OF FORMS AND REVOCATIONS IN LEGAL PROCEEDINGS<br /> <br /> This bill provides that a voluntary waiver of firearm rights form and a revocation of voluntary waiver of firearm rights form must not be considered by a court in a legal proceeding in which the person executing the form is a party, except in certain criminal prosecutions under this bill.<br /> <br /> CONFIDENTIALITY<br /> <br /> This bill provides that records obtained and produced under the above provisions are confidential and 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 the course of a criminal prosecution, or to the applicant with respect to the applicant's own information.<br /> <br /> STANDARDIZED FORMS<br /> <br /> This bill requires the administrative office of the courts to develop a voluntary waiver of firearm rights form and a revocation of voluntary waiver of firearm rights form. The forms must contain a signature line for the applicant and state that the form is signed under penalty of perjury. The form must (i) include all information necessary for identification and entry of the person into the national instant criminal background check system to identify prohibited purchasers of firearms and (ii) be made available to the public on 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 OFFENSE<br /> <br /> This bill provides that it is a Class A misdemeanor to sell or transfer a firearm to a person knowing that the person has executed a voluntary waiver of firearm rights form pursuant to this bill that has not been revoked.<br /> <br /> RULEMAKING<br /> <br /> This bill authorizes the TBI to promulgate rules necessary to effectuate this bill.<br />