Tennessee bill would allow police, courts to remove a person's firearms and ammunition
NASHVILLE, Tenn. (WZTV) -A Tennessee bill would allow law enforcement officers and courts to remove firearms or force the sale of firearms from persons deemed and extreme risk.
HB1049/SB0943, also known as the "Families Know First Act," would allow for an "Extreme Risk Protection Order" to be presented by police then issued by a court for those deemed a risk to themselves or others if in possession of a firearm(s).
Under the bill, a law enforcement officer or agency could seek an extreme risk protection order if based on an investigation police find the individual poses an "immediate and present danger of causing personal injury to the subject or to another by having in the subject's custody or control, owning, purchasing, possessing, or receiving a firearm."
The order would be requested if other "less-restrictive" alternatives have been tried and found to be ineffective. The request from law enforcement would then be presented to a judge who will be given the facts of the investigation and make a ruling whether or not to issue the order. If ordered, the subject would be prohibited from owning, purchasing or having in their control a firearm or ammunition.
Orders would expire in 21 days from the date issued and the subject of the order would be able submit one request to have the order lifted. The bill goes on to state orders can be renewed or more permanent orders can also be issued by the courts.
If ordered, subjects would have to surrender firearms and ammunition to law enforcement for safekeeping or sell the firearms and ammunition to a licensed dealer.