Amends TCA Title 33 and Title 39, Chapter 17, Part 13.

REVOCABLE VOLUNTARY WAIVER OF THE RIGHT TO PURCHASE FIREARMS This bill requires the TBI to establish a program for "revocable voluntary waiver" of the right to purchase firearms so as to avoid purchase, possession, and transportation of firearms by and sale of firearms to (i) a person who is either voluntarily admitted to a public or private hospital or treatment resource for diagnosis, observation, and treatment of a mental illness or serious emotional disturbance and voluntarily requests entry into the revocable voluntary waiver of the right to purchase firearms; (ii) a person who is concerned about the person's mental health and desires to enroll in the revocable voluntary waiver of the right to purchase firearms; or (iii) a person who completes and submits the request form for the revocable voluntary waiver of the right to purchase firearms, as created under the heading "Request Form for Revocable Voluntary Waiver," below, to the person's physician or mental health counselor. REQUEST FORM FOR REVOCABLE VOLUNTARY WAIVER This bill requires the TBI to create a request form for revocable voluntary waiver of the right to purchase firearms. The form must include the following: (1) A statement at the top that the form is to be submitted to the sheriff's department of the community in which the enrollee resides; (2) A space for the enrollee to designate an individual as a guardian angel if the enrollee wishes to do so. The guardian angel must be informed if the enrollee revokes their enrollment in the revocable voluntary waiver of the right to purchase firearms. The enrollee is responsible for providing contact information for the guardian angel. Upon receiving a revocable voluntary waiver of the right to purchase firearms request form designating a guardian angel, the TBI must notify the designated guardian angel of the effect of such designation and allow the designated guardian angel to consent or decline to be included as a guardian angel. The designated guardian angel has no obligation to or liability for failure to receive, or remain available to receive, or act upon the information received if the enrollee revokes their enrollment in the revocable voluntary waiver of the right to purchase firearms; (3) A declaration of any firearms that are in the ownership of the enrollee and the planned disposition of each firearm; (4) An attestation that the enrollee does not currently possess or have access to any firearms at the time of filing for the revocable voluntary waiver of the right to purchase firearms; and (5) An acknowledgement by the enrollee that it is an offense for a person who is enrolled in the revocable voluntary waiver of the right to purchase firearms to possess, purchase, or transport a firearm and that purchasing, possessing, or transporting a firearm while enrolled in the revocable voluntary waiver of the right to purchase firearms is a Class A misdemeanor. This bill requires the TBI to provide the person seeking to enroll in the revocable voluntary waiver of the right to purchase firearms with information on mental health resources available to the person. However, this information must not be construed to be any form of counseling or mental health assistance. The TBI must require the person to present a valid photo identification to verify the person's identity prior to accepting the revocable voluntary waiver of the right to purchase firearms request form. ADVISING GUN DEALERS OF WAIVERS This bill requires the TBI to maintain the revocable voluntary waiver of the right to purchase firearms request data to be used to advise a gun dealer if the TBI's records indicate a firearm buyer is prohibited from purchasing, possessing, or transporting a firearm. REVOKING A REVOCABLE VOLUNTARY WAIVER This bill authorizes an enrollee to file a revocation of the revocable voluntary waiver of the right to purchase firearms no sooner than 14 calendar days after filing the revocable voluntary waiver. The filing of a revocation form allows the person executing the form to purchase, possess, or transport a firearm after the TBI has completed processing the form unless the person is otherwise ineligible to purchase or possess a firearm under federal or state law. The TBI must require a valid photo identification to verify the person's identity prior to accepting the form. This bill requires the TBI to do the following by the end of the 14th business day following the date on which the request for revocation was received: (A) Notify the person that the person's name has been removed from the revocable voluntary waiver of the right to purchase firearms; (B) Inform the person's guardian angel of the revocation if the person has designated a guardian angel; (C) Destroy all records related to the person's enrollment in the revocable voluntary waiver of the right to purchase firearms; and (D) 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 enrollment in the revocable voluntary waiver of the right to purchase firearms was entered, unless the person is otherwise ineligible to purchase or possess a firearm under federal or state law. FALSE STATEMENTS This bill establishes that a person who knowingly makes a false statement regarding the person's identity on an enrollment or revocation form for the revocable voluntary waiver of the right to purchase firearms commits perjury. NO PUBLIC DISCLOSURE This bill requires the TBI to withhold from public disclosure all information regarding a request to be enrolled into or removed from the revocable voluntary waiver of the right to purchase firearms and any other personal identifying information contained in or related to a revocable voluntary waiver of the right to purchase firearms, except that such information may be disclosed to a law enforcement officer acting in the performance of official duties, a gun dealer as required by state law, the applicant with respect to the applicant's own information, or in the course of criminal prosecution for a violation of this bill or other state law. Records obtained and produced pursuant to this provision are confidential and are not an open record. WAIVERS NOT TO BE USED IN COURT PROCEEDINGS This bill prohibits a request form used to enroll in or withdraw from the revocable voluntary waiver of the right to purchase firearms from being considered by a court in a legal proceeding in which the person executing the form is a party, except that such form may be used in a criminal prosecution for a violation of this bill or state law relative to perjury and weapons offenses. PENALTIES This bill establishes that it is an offense for a person who is enrolled in the revocable voluntary waiver of the right to purchase firearms to purchase, possess, or transport a firearm. A violation of this provision is a Class A misdemeanor. SALES OF DANGEROUS WEAPONS Present law authorizes any person appropriately licensed by the federal government to stock and sell firearms to persons desiring firearms; however, sales to persons who have been convicted of the offense of stalking, who are addicted to alcohol, who are ineligible to receive firearms under federal law, or who have been judicially committed to a mental institutions pursuant to state law or adjudicated as a mental defective are prohibited. This bill prohibits the sale of firearms by a licensed seller to a person who is enrolled in the revocable voluntary waiver. RULEMAKING This bill authorizes the TBI to promulgate rules to effectuate this bill. APPLICABILITY This bill takes effect January 1, 2025.