Amends TCA Title 4; Title 8; Title 10; Title 13; Title 16; Title 29; Title 33; Title 36; Title 37; Title 38; Title 39; Title 40; Title 47; Title 49; Title 50; Title 55; Title 58; Title 65; Title 68 and Title 70.

This bill enacts the "Protect Kids Not Guns Act," as described below. STORAGE OF FIREARMS This bill creates an offense for a person to store or keep a firearm in any place unless the firearm is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device that is properly engaged so as to render the firearm inoperable by any person other than the owner or another lawfully authorized user; however, this provision does not apply to a firearm that is carried by or under the control of the owner or other lawfully authorized user. This offense is a Class A misdemeanor. LARGE-CAPACITY MAGAZINES This bill creates an offense for a person to possess an ammunition feeding device that has the capacity to accept more than 10 rounds ("large-capacity magazine"), with exceptions for law enforcement agencies. This bill provides that the offense exists regardless of the date on which the magazine was acquired. This offense is a Class B misdemeanor. This bill establishes that it is an offense for a person to manufacture or cause to be manufactured, import, keep for sale, or offer or expose for sale, or to give, lend, buy, or receive a large-capacity magazine, with exceptions for law enforcement agencies. This offense is a Class A misdemeanor. This bill provides that a person who is not lawfully authorized to possess a large-capacity magazine must do the following: (1) Remove the large-capacity magazine from this state; (2) Sell the large-capacity magazine to a licensed firearms dealer; or (3) Surrender the large-capacity magazine to a law enforcement agency for destruction. UNLAWFUL CARRYING OR POSSESSION OF A FIREARM / TRANSPORTING AND STORING A FIREARM IN A MOTOR VEHICLE Under present law, a person commits an offense who carries, with the intent to go armed, a firearm or a club. However, present law further provides that is an exception to this offense if a person is carrying a handgun, whether openly or concealed, and the person: (1) Lawfully possesses the handgun; (2) Is in a place where the person is lawfully present; and (3) Is at least 21, or at least 18 if certain service requirements are met. This bill deletes the above exception, as well as a provision of present law that, unless prohibited by federal law, authorizes a person who meets the above exception to transport and store a firearm or firearm ammunition in the person's motor vehicle while on or utilizing any public or private parking area if the person's vehicle is parked in a location where the vehicle is permitted to be, and the firearm or ammunition being transported or stored in the vehicle is either: (1) Kept from ordinary observation if the person is in the motor vehicle; or (2) Kept from ordinary observation and locked within the trunk, glove box, or interior of the person's motor vehicle or a container securely affixed to the motor vehicle if the person is not in the motor vehicle. SELLING, TRANSFERRING, PURCHASING, OR OBTAINING OWNERSHIP OF A FIREARM This bill prohibits a person from selling or transferring ownership of a firearm, or purchasing or obtaining ownership of a firearm, unless: (1) The seller or transferor is a gun dealer; (2) The seller or transferor makes the sale or transfer to or through a gun dealer and obtains a receipt; (3) The sale or transfer of ownership of the firearm is a firearm classified as an antique firearm under federal law; (4) The sale or transfer of ownership of the firearm is a transfer of a firearm between gun dealers or between wholesalers and dealers; (5) The sale or transfer of ownership of the firearm is a transfer of any firearm to a law enforcement or military agency; (6) The transferor is transferring ownership of the firearm to a family member by gift, bequest, or inheritance, the transferee is not prohibited from possessing a firearm, and the transferee is at least 18; or (7) The transferor is transferring ownership of the firearm with the intent that the transfer is temporary, neither the transferor nor the transferee is prohibited from possessing a firearm, and the purpose of the transfer is not prohibited by law. This bill provides that an intentional violation of the above prohibition is a Class B misdemeanor, punishable by a fine of $500 to $10,000 and up to nine months imprisonment; and that a person convicted of a violation is prohibited from possessing a firearm for a period of two years. EXTREME RISK PROTECTION ORDER: PETITION This bill creates an action known as a petition for an extreme risk protection order, and defines "extreme risk protection order" as a temporary ex parte order or a final order granted pursuant to this bill. Pursuant to this bill: (1) A petition for an extreme risk protection order does not require either party to be represented by an attorney, and attorney fees are prohibited from being awarded in a proceeding under these provisions; (2) A petition for an extreme risk protection order must: (A) Identify the reasons why the petitioner believes that the respondent poses a risk of causing bodily injury to the respondent's self or others by having a firearm or any ammunition in the respondent's custody or control or by purchasing, possessing, or receiving a firearm or any ammunition; (B) Identify the quantities, types, and locations of all firearms and ammunition the petitioner believes to be in the respondent's current ownership, possession, custody, or control; (C) Identify whether there is a known existing protection order governing the respondent; (D) Identify whether there is any other pending legal action between the parties in any jurisdiction; and (E) Include a physical description of the respondent and the respondent's last known location; (3) The petitioner is required to make a good faith effort to provide notice to a family or household member of the respondent and to any known third party who may be at risk of violence. The notice must state that the petitioner intends to petition the court for an extreme risk protection order or has already done so and, if the petitioner is a law enforcement officer or a law enforcement agency, must include referrals to appropriate resources, including mental health, domestic violence, and counseling resources. The petitioner also must attest in the petition to having provided such notice or must attest to the steps that will be taken to provide such notice; (4) If the petitioner is a law enforcement officer or a law enforcement agency, then the petitioner must list the address of record on the petition as being where the appropriate law enforcement agency is located; (5) A court or a public agency is prohibited from charging fees for filing or for service of process to a petitioner seeking relief and must provide the necessary number of certified copies, forms, and instructional brochures free of charge; (6) A person is not required to post a bond to obtain relief in any proceeding under these provisions; and (7) The circuit courts of this state have jurisdiction over proceedings under these provisions. EXTREME RISK PROTECTION ORDER: HEARING Upon receipt of a petition for an extreme risk protection order, this bill: (1) Requires the court to order a hearing to be held no later than 14 days after the date the petition is filed, and to issue a notice of hearing to the respondent; and (2) Authorizes the court to issue a temporary ex parte extreme risk protection order pending the hearing ordered under (1) above. Upon notice and a hearing on the matter, if the court finds by a preponderance of the evidence that the respondent poses a risk of causing bodily injury to the respondent's self or others by having in the respondent's custody or control, or by purchasing, possessing, or receiving, a firearm or any ammunition, then the court must issue an extreme risk protection order for an appropriate period of up to 12 months. EXTREME RISK PROTECTION ORDER: COURT CONSIDERATIONS In determining whether grounds for an extreme risk protection order exist, this bill authorizes the court to consider any relevant evidence, including, but not limited to, the following: (1) A recent act or threat of violence by the respondent against the respondent's self or others, whether or not the violence or threat of violence involves a firearm; (2) An act or threat of violence by the respondent within the past 12 months, including, but not limited to, an act or threat of violence by the respondent against the respondent's self or others; (3) Evidence of the respondent being seriously mentally ill or having recurring mental health issues; (4) A violation by the respondent of an order of protection; (5) A previous or existing extreme risk protection order issued against the respondent; (6) A violation of a previous or existing extreme risk protection order issued against the respondent; (7) Whether the respondent, in this state or any other state, has been convicted of, had adjudication withheld on, or pled nolo contendere to a crime involving domestic abuse; (8) Whether the respondent has used, or threatened to use, any weapons against the respondent's self or others; (9) The unlawful or reckless use, display, or brandishing of a firearm by the respondent; (10) The recurring use of, or threat to use, physical force by the respondent against another person or evidence of the respondent stalking another person; (11) Whether the respondent, in this state or any other state, has been arrested for, convicted of, had adjudication withheld on, or pled nolo contendere to a crime involving violence or a threat of violence; (12) Corroborated evidence of the abuse of controlled substances or alcohol by the respondent; (13) Evidence of recent acquisition of firearms or ammunition by the respondent; (14) Any relevant information from family and household members concerning the respondent; and (15) Witness testimony, taken while the witness is under oath, relating to the matter before the court. EXTREME RISK PROTECTION ORDER: PRESENTATION OF EVIDENCE This bill requires a person, including an officer of the court, who offers evidence or recommendations relating to the petition to: (1) Present the evidence or recommendations in writing to the court with copies to each party and the party's attorney, if retained; or (2) Present the evidence under oath at a hearing at which all parties are present. EXTREME RISK PROTECTION ORDER: CONTENTS Pursuant to this bill, an extreme risk protection order must include the following: (1) A statement of the grounds supporting the issuance of the order; (2) The date the order was issued; (3) The date the order ends; (4) Whether a mental health evaluation or substance abuse assessment of the respondent is required; (5) The address of the court in which any responsive pleading should be filed; (6) A description of the requirements for the surrender of all firearms and ammunition that the respondent owns; and (7) A specific statement, which is provided in the full text of this bill, that requires the respondent to surrender all firearms and ammunition in the respondent's custody, control, or possession, as well as any license to carry a handgun issued to the respondent by this state, and that notifies the respondent of the respondent's right to request a hearing to vacate the order. EXTREME RISK PROTECTION ORDER: RESPONDENT ENTITLED TO REQUEST A HEARING TO VACATE THE ORDER Pursuant to this bill, if the court issues an extreme risk protection order, then the court is required to inform the respondent that the respondent is entitled to request a hearing to vacate the order, and to provide the respondent with a form to request a hearing to vacate. EXTREME RISK PROTECTION ORDER: DENIAL OF PETITIONER'S REQUEST Pursuant to this bill, if the court denies the petitioner's request for an extreme risk protection order, then the court is required to issue a written order stating the particular reasons for the denial. TEMPORARY EX PARTE EXTREME RISK PROTECTION ORDER This bill authorizes a petitioner to request that a temporary ex parte extreme risk protection order be issued before a hearing for an extreme risk protection order and without notice to the respondent, by including in the petition detailed allegations based on personal knowledge that the respondent poses a risk of causing bodily injury to the respondent's self or others in the near future by having in the respondent's custody or control, or by purchasing, possessing, or receiving, a firearm or ammunition. In considering whether to issue a temporary ex parte extreme risk protection order, this bill requires the court to consider all relevant evidence. If a court finds there is reasonable cause to believe that the respondent poses a risk of causing bodily injury to the respondent's self or others in the near future by having in the respondent's custody or control, or by purchasing, possessing, or receiving, a firearm or ammunition, then this bill requires the court to issue a temporary ex parte extreme risk protection order, and to hold a temporary ex parte extreme risk protection order hearing in person or by telephone on the day the petition is filed or the next business day. This bill requires a temporary ex parte extreme risk protection order to include the following: (1) A statement of the grounds asserted for the order; (2) The date the order was issued; (3) The address of the court in which any responsive pleading may be filed; (4) The date and time of the scheduled hearing; (5) A description of the requirements for the surrender of all firearms and ammunition that the respondent owns; and (6) A specific statement, which is provided in the full text of this bill, that requires the respondent to surrender all firearms and ammunition in the respondent's custody, control, or possession, as well as any license to carry a handgun issued to the respondent by this state, and that notifies the respondent of the date a time of the hearing to determine whether an extreme risk protection order should be issued. This bill additionally states that: (1) A temporary ex parte extreme risk protection order expires upon the hearing on the extreme risk protection order; (2) A temporary ex parte extreme risk protection order is required to be served by a law enforcement officer in the same manner as provided for in this bill for service of the notice of hearing and petition, and must be served concurrently with the notice of hearing and petition; and (3) If the court denies the petitioner's request for a temporary ex parte extreme risk protection order, then the court is required to issue a written order stating the particular reasons for the denial. NOTICE OF EXTREME RISK PROTECTION ORDER PETITIONS AND HEARINGS This bill requires: (1) The clerk of the court to furnish a copy of the notice of hearing, petition, and temporary ex parte extreme risk protection order or extreme risk protection order, as applicable, to the sheriff of the county where the respondent resides or can be found, who must serve it upon the respondent as soon as possible on any day of the week and at any time of the day or night; and (2) That all orders issued, changed, continued, extended, or vacated after the original service of documents pursuant to (1) be certified by the clerk of the court and delivered to the parties at the time of the entry of the order. This bill further provides that service under the above (1)-(2) takes precedence over the service of other documents, unless the other documents are of a similar emergency nature. HEARING TO VACATE AN EXTREME RISK PROTECTION ORDER This bill authorizes the respondent to submit one written request for a hearing to vacate an extreme risk protection order, starting after the date of the issuance of the order, and to request another hearing after subsequent extensions of the order, if any. Upon receipt of the request for a hearing to vacate an extreme risk protection order, this bill requires the court to set a date for a hearing no sooner than 14 days and no later than 30 days after the date of service of the request upon the petitioner; and requires notice of the request and hearing to be served on the petitioner. This bill further provides that: (1) The respondent has the burden of proving by a preponderance of the evidence that the respondent does not pose a risk of causing bodily injury to the respondent's self or others by having in the respondent's custody or control, purchasing, possessing, or receiving a firearm or ammunition, and that the court may consider any relevant evidence; and (2) If the court finds that the respondent has met the burden of proof, then the court must vacate the order, and the clerk of the court is required to notify the law enforcement agency holding any firearm or ammunition or handgun carry permit that has been surrendered of the court order to vacate the extreme risk protection order. MOTION TO EXTEND AN EXTREME RISK PROTECTION ORDER Pursuant to this bill: (1) The court is required to notify the petitioner of the impending end of an extreme risk protection order, and such notice must be received by the petitioner at least 30 days before the date the order ends; (2) The petitioner is authorized, by motion, to request an extension of an extreme risk protection order at any time within 30 days before the end of the order; (3) Upon receipt of the motion to extend, the court is required to order that a hearing be held no later than 14 days after receipt of the motion and to schedule such hearing; however, if the motion to extend is filed within 14 days of the date the extreme risk protection order is due to expire, then the court must also order a temporary extension of the extreme risk protection order to coincide with the date of the hearing; (4) In determining whether to extend an extreme risk protection order, the court is authorized to consider all relevant evidence; (5) If the court finds by a preponderance of the evidence that the requirements for issuance of an extreme risk protection order continue to be met, then the court is required to extend the order. However, if, after notice to the respondent, the motion for extension is uncontested and no modification of the order is sought, then the order may be extended on the basis of a motion or affidavit stating that there has been no material change in relevant circumstances since entry of the order and stating the reason for the requested extension; and (6) The court is authorized to extend an extreme risk protection order for a period that it deems appropriate, up to 12 months. ISSUANCE OF EXTREME RISK PROTECTION ORDER / SURRENDER Upon issuance of an extreme risk protection order, including a temporary ex parte extreme risk protection order, this bill requires: (1) The court to order the respondent to surrender to the local law enforcement agency all firearms and ammunition owned by the respondent or in the respondent's custody, control, or possession, except as provided in this bill, and any handgun carry permit held by the respondent; and (2) The law enforcement officer serving an extreme risk protection order to: (A) Request that the respondent immediately surrender all firearms and ammunition owned by the respondent or in the respondent's custody, control, or possession and any handgun carry permit held by the respondent; and (B) Take possession of all firearms and ammunition owned by the respondent or in the respondent's custody, control, or possession and any handgun carry permit held by the respondent, which