Orders of Protection - As enacted, requires person subject to order of protection to surrender or transfer all firearms the person owns or possesses; creates Class A misdemeanor of person subject to an order of protection possessing a firearm. - Amends TCA Title 36, Chapter 3, Part 6; Title 39, Chapter 13, Part 1 and Title 39, Chapter 17, Part 13.
Companion bill has been assigned Public Chapter Number 455 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For HB1225Date
    Comp. became Pub. Ch. 45507/01/2009
    Comp. SB subst.05/21/2009
    Placed on Regular Calendar for 5/21/200905/19/2009
    Sponsor(s) Added.05/14/2009
    Placed on cal. Calendar & Rules Committee for 05/19/200905/13/2009
    Rec. For Pass. ref. to: Calendar & Rules Committee05/05/2009
    Placed on cal. Finance, Ways & Means Committee for 05/05/200904/29/2009
    Rec. For Pass. by s/c ref. to Finance, Ways & Means Committee 04/29/2009
    Placed on s/c cal Budget of FW&M for 04/29/200904/22/2009
    Sponsor(s) Added.04/16/2009
    Assigned to s/c Budget of FW&M04/15/2009
    Rec. for Pass. if Am. ref. to: Finance, Ways & Means Committee04/15/2009
    Placed on cal. Judiciary Committee for 04/15/200904/08/2009
    Rec. for pass. if am. by s/c ref. to Judiciary Committee04/08/2009
    Placed on s/c cal Criminal Practice and Procedure of JUD for 04/08/200904/01/2009
    Action Def. in s/c Criminal Practice and Procedure of JUD to 4/8/200904/01/2009
    Placed on s/c cal Criminal Practice and Procedure of JUD for 04/01/200903/25/2009
    Assigned to s/c Criminal Practice and Procedure of JUD02/24/2009
    P2C, ref. to Judiciary02/19/2009
    Intro., P1C.02/18/2009
    Filed for intro.02/12/2009
    Actions For SB0314Date
    Pub. Ch. 45507/01/2009
    Effective date(s) 07/01/0907/01/2009
    Signed by Governor.06/23/2009
    Transmitted to Gov. for action.06/12/2009
    Signed by H. Speaker06/08/2009
    Signed by S. Speaker06/04/2009
    Enrolled and ready for signatures06/03/2009
    Sponsor(s) Added.06/02/2009
    S. concurred in H. am. 106/02/2009
    Placed on Sen. Message Calendar (1) cal. for 06/02/200905/29/2009
    Passed H., as am., Ayes 92, Nays 1, PNV 105/21/2009
    H. adopted am.(Amendment 1 of 0 - HA0227)05/21/2009
    Subst. for comp. HB.05/21/2009
    Rcvd. from S., held on H. desk.05/07/2009
    Engrossed; ready for transmission to House05/04/2009
    Sponsor(s) Added.05/04/2009
    Passed S. as am., Ayes 30, Nays 005/04/2009
    S. adopted am.(Amendment 1 of 0 - SA0410)05/04/2009
    Placed on Sen. Regular Calendar (1) cal. for 05/04/200904/30/2009
    Rec. for pass. w/ am., ref. to S. Cal. Comm. Ayes 9, Nays 0 PNV 004/29/2009
    Placed on S. Jud Comm. cal. for 04/29/200904/23/2009
    Action def. in S. Jud. Comm. to 4/29/0904/23/2009
    Sponsor(s) Added.04/16/2009
    Placed on S. Jud Comm. cal. for 04/22/200904/16/2009
    P2C, ref. to S. Jud Comm.02/12/2009
    Intro., P1C.02/11/2009
    Filed for intro.02/09/2009
  • AmendmentsFiscal Memos
    HA0227Amendment 1-1 to HB1225Fiscal Memo for HA0227 (6143)  
    AmendmentsFiscal Memos
    SA0410Amendment 1-1 to SB0314 

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: HB1225

  • Fiscal Summary

    Not Available


    Bill Summary

    Present law authorizes a court to enter an order of protection to protect the petitioner from domestic abuse, stalking, or sexual assault. This bill requires a person subject to an order of protection or who has committed the offense of domestic assault to surrender all firearms the person owns or possesses to the sheriff of county of residence.

    This bill makes it an offense, a Class A misdemeanor, for a person subject to an order of protection to knowingly:

    (1) Fail to surrender all firearms owned, possessed or that the respondent has control over to the sheriff or local law enforcement agency as required by this bill; or
    (2) Fail to disclose all information or provide false information pertaining to any firearm owned, possessed or that the respondent has control over as required by this bill or requested by the court.

    Also, under this bill, a person commits a Class A misdemeanor who possesses a firearm and:

    (1) Has been convicted of a misdemeanor crime of domestic violence as defined in federal law or has been convicted of domestic assault under state law;
    (2) Is subject to an order of protection and prohibited from possessing a firearm under federal law or this bill; or
    (3) Is prohibited from owning, carrying, possessing, receiving, or purchasing a firearm under any other provision of state or federal law.

    This bill requires an order of protection to contain a provision:

    (1) Stating that it is a criminal offense and a violation of an order of protection to own, possess, transport, carry or receive a firearm during the time an order of protection granted under this part to protect the petitioner from domestic abuse, stalking or sexual assault is in effect; and
    (2) Directing the respondent to surrender all firearms that the respondent owns, possesses or has control over as described below and stating that it is a criminal offense to fail to surrender all firearms after being ordered to do so.

    If an order of protection is granted, the respondent must provide the judge with a written description of the make, model, manufacturer and serial number of each firearm the respondent owns, possesses or has control over as stated in the petition for an order of protection served on the respondent and this information would be made a part of the court's order. The terms of the order would also include instructions as to how the respondent may request retrieval of any firearms surrendered to the sheriff or local law enforcement officials when the order of protection is no longer in effect. The court would then order the respondent to immediately surrender the firearms in the respondent's custody, possession, or control to the sheriff or local law enforcement agency in the county where the respondent resides within 24 hours of entry of the order.

    This bill authorizes the sheriff or local law enforcement agency to charge the respondent a reasonable fee for the storage of any firearms received pursuant to this bill. The respondent must pay all fees owed prior to the authorized return of any firearms. The surrendered firearms would be stored in a location that is safe and will preserve the condition of the firearms. However, the sheriff or law enforcement officer to whom the firearms are surrendered would not incur any civil or criminal liability for alleged or actual damage or deterioration due to storage or transportation of the firearms.

    A respondent may request the return of any firearms after the expiration of the order of protection or restraining order resulting in the surrender. At a hearing on the matter, the court would determine:

    (1) Whether the respondent is subject to any state or federal law or court order that precludes the respondent from owning or possessing a firearm;
    (2) Whether the order of protection resulting in the surrender has been renewed;
    (3) Whether the respondent is disqualified from owning or possessing a firearm pursuant to federal or state law; and
    (4) Whether the respondent has failed to pay fees owed for storage of the firearm.

    The court would deny the petition for the return of the respondents firearms if the court finds that the respondent:

    (1) Is precluded from owning or possessing a firearm as described in (1) above; or
    (2) Has failed to pay fees owed for the storage of the firearms, as described in (4) above.

    A third-party owner of firearms surrendered pursuant to this bill who is otherwise eligible to possess such items may petition the court requesting the return to the third party of any firearms in the possession of the sheriff or law enforcement agency that were surrendered or seized as a result of the order of protection as otherwise provided in this bill.

    After notice to the respondent and any third party claiming an interest in the firearms, and a hearing conducted on the appropriate disposition of the stored firearms, the court may order the sheriff or local law enforcement agency storing the firearms to dispose of them as provided in present law regarding the disposition of confiscated weapons, if:

    (1) The respondent or a third party does not file a petition requesting the return of the firearms;
    (2) The court determines the respondent is precluded from regaining possession of the firearms; or
    (3) The respondent or third-party owner fails to remit all fees owed for the storage of the firearms within 30 days of the entry of the order granting the return of the firearms.

    A person convicted of domestic assault would be required to surrender, upon conviction, all firearms that the person owns, possesses or has control over as described above. A person convicted of domestic assault would not be eligible to petition for the return of any firearm surrendered.

    Present law requires the department of safety to suspend or revoke a handgun permit upon a showing that the permit holder has committed certain acts or met certain conditions such as having been convicted of a felony. This bill also requires the department to suspend or revoke a handgun permit if the permit holder:

    (1) Has been convicted of domestic assault, or any other misdemeanor crime of domestic violence; or
    (2) Is subject to a current order of protection.

    ON MAY 4, 2009, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 314, AS AMENDED.

    AMENDMENT #1 clarifies that the provisions of the bill and this amendment only apply to orders of protection that fully comply with 18 U.S.C. 922(g)(8). This federal law makes it unlawful for a person subject to an order of protection that meets certain requirements to transport, receive, or possess any firearm or ammunition that effects interstate or foreign commerce. In order to fully comply with this federal law, the order of protection must:
    (1) Have been issued after a hearing in which the person received actual notice and had an opportunity to participate;
    (2) Restrain the person from harassing, stalking, or threatening an intimate partner of the person or child of the intimate partner or person, or from engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
    (3) (A) Include a finding that the person represents a credible threat to the physical safety of the intimate partner or child; or
    (B) Explicitly prohibit the use, attempted use, or threatened use of physical force against the intimate partner or child that would reasonably be expected to cause bodily injury.

    Furthermore, this amendment clarifies that a person subject to an order of protection described above must surrender possession of all firearms the person possesses within "2 days" instead of "24 hours". The surrender would be "by any lawful means" instead of "to the sheriff or a local law enforcement agency in the county in which the respondent lives". Similarly, this amendment removes all of the bill's provisions regarding the surrendering of a firearm to the sheriff or local law enforcement agency and regarding a petition for the return of firearms so surrendered.

    This amendment clarifies that an order of protection may terminate or suspend the person's right to purchase or posses a firearm.

    Present law requires that forms regarding orders of protection and developed by the administrative office of the courts, in consultation with the domestic violence coordinating council, be used exclusively in all courts exercising jurisdiction over orders of protection. This amendment removes this requirement that the forms be used exclusively in all such courts.

    This amendment removes the bill's requirement that the person bring to the order of protection hearing a written description of all firearms the respondent owns, possesses or has control over, including the make, model, manufacturer and serial number of each such firearm. This amendment instead requires a person subject to an order of protection that complies with federal law to complete and return to the court an affidavit of firearms dispossession form when the person has lawfully dispossessed the person's firearms. The form would be developed by the domestic violence state coordinating council.

    Present law requires that any petition for an order of protection that is filed pro se be liberally construed in favor of the petitioner. This amendment clarifies that the liberal construction only applies "procedurally" and thus does not apply to the substance of the petition.

    The bill requires the department of safety to suspend or revoke a handgun permit if the permit holder:
    (1) Has been convicted of domestic assault, or any other misdemeanor crime of domestic violence; or
    (2) Is subject to a current order of protection.

    This amendment revises the above (1) to clarify that the person must still be subject to the disabilities of the conviction and revises the above (2) to clarify that it only applies to orders of protection that comply with the federal law described above.

    ON MAY 21, 2009, THE HOUSE SUBSTITUTED SENATE BILL 314 FOR HOUSE BILL 1225, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 314, AS AMENDED.

    AMENDMENT #1 clarifies that the provisions of the bill and this amendment only apply to orders of protection that fully comply with 18 U.S.C. 922(g)(8). This federal law makes it unlawful for a person subject to an order of protection that meets certain requirements to transport, receive, or possess any firearm or ammunition that effects interstate or foreign commerce. In order to fully comply with this federal law, the order of protection must:

    (1) Have been issued after a hearing in which the person received actual notice and had an opportunity to participate;
    (2) Restrain the person from harassing, stalking, or threatening an intimate partner of the person or child of the intimate partner or person, or from engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
    (3) (A) Include a finding that the person represents a credible threat to the physical safety of the intimate partner or child; or
    (B) Explicitly prohibit the use, attempted use, or threatened use of physical force against the intimate partner or child that would reasonably be expected to cause bodily injury.

    Furthermore, this amendment clarifies that a person subject to an order of protection described above must surrender possession of all firearms the person possesses within "48 hours" instead of "24 hours". The surrender would be "by any lawful means" instead of "to the sheriff or a local law enforcement agency in the county in which the respondent lives". Similarly, this amendment removes all of the bill's provisions regarding the surrendering of a firearm to the sheriff or local law enforcement agency and regarding a petition for the return of firearms so surrendered.

    This amendment clarifies that an order of protection may terminate or suspend the person's right to purchase or posses a firearm.

    Present law requires that forms regarding orders of protection and developed by the administrative office of the courts, in consultation with the domestic violence coordinating council, be used exclusively in all courts exercising jurisdiction over orders of protection. This amendment removes this requirement that the forms be used exclusively in all such courts.

    This amendment removes the bill's requirement that the person bring to the order of protection hearing a written description of all firearms the respondent owns, possesses or has control over, including the make, model, manufacturer and serial number of each such firearm. This amendment instead requires a person subject to an order of protection that complies with federal law to complete and return to the court an affidavit of firearms dispossession form when the person has lawfully dispossessed the person's firearms. The form would be developed by the domestic violence state coordinating council.

    Present law requires that any petition for an order of protection that is filed pro se be liberally construed in favor of the petitioner. This amendment clarifies that the liberal construction only applies "procedurally" and thus does not apply to the substance of the petition.

    The bill requires the department of safety to suspend or revoke a handgun permit if the permit holder:

    (1) Has been convicted of domestic assault, or any other misdemeanor crime of domestic violence; or
    (2) Is subject to a current order of protection.

    This amendment revises the above (1) to clarify that the person must still be subject to the disabilities of the conviction and revises the above (2) to clarify that it only applies to orders of protection that comply with the federal law described above.

  • No fiscal note for this bill.
  • House Floor and Committee Votes

    House moved to substitute and conform to SB0314

    SB0314 by Black - FLOOR VOTE: AS AMENDED PASSAGE ON THIRD CONSIDERATION 5/21/2009
    Passed
              Ayes...............................................92
              Noes................................................1

              Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Brooks H, Brown, Campfield, Carr, Casada, Casada, Cobb C, Cobb J, Cobb T, Coleman, Coley, Cooper B, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faulkner, Favors, Ferguson, Fincher, Fitzhugh, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Hardaway, Harmon, Harrison, Harwell, Hawk, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson C, Johnson P, Jones S, Kelsey, Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart, Matheny, Matlock, McCord, McCormick, McCormick, McDaniel, McDaniel, McDonald, McManus, Miller L, Montgomery, Moore, Mumpower, Naifeh, Niceley, Odom, Pitts, Pruitt, Ramsey, Rich, Richardson, Roach, Rowland, Sargent, Shaw, Shepard, Shipley, Sontany, Stewart, Swafford, Tidwell, Tindell, Towns, Turner L, Turner M, Weaver, Williams, Windle, Winningham, Yokley, Mr. Speaker Harwell, Mr. Speaker Naifeh, Mr. Speaker Williams -- 92.
              Representatives voting no were: Borchert -- 1.

    SB0314 by Black - FLOOR VOTE: PREVIOUS QUESTION AS AMENDED PASSAGE ON THIRD CONSIDERATION 5/21/2009
    Failed
              Ayes...............................................42
              Noes...............................................50

              Representatives voting aye were: Carr, Casada, Casada, Cobb C, Cobb J, Coley, Dean, Eldridge, Faulkner, Ford, Fraley, Halford, Harrison, Harwell, Hawk, Hawk, Johnson C, Johnson C, Johnson P, Kernell, Lollar, Lundberg, Lynn, Maggart, Matheny, Matlock, McCord, McCormick, McCormick, McDaniel, McDaniel, McManus, Montgomery, Mumpower, Ramsey, Rich, Roach, Rowland, Sargent, Shaw, Shipley, Sontany, Swafford, Todd, Weaver, Williams, Windle, Mr. Speaker Harwell, Mr. Speaker Williams -- 42.
              Representatives voting no were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks H, Brown, Campfield, Cobb T, Coleman, Cooper B, Curtiss, DeBerry L, Dennis, Dunn, Evans, Favors, Ferguson, Fincher, Fitzhugh, Fitzhugh, Floyd, Gilmore, Hackworth, Hardaway, Harmon, Haynes, Hensley, Jones S, Kelsey, Litz, Maddox, McDonald, Miller L, Moore, Naifeh, Niceley, Odom, Pitts, Pruitt, Richardson, Shepard, Stewart, Tidwell, Tindell, Towns, Turner L, Turner M, Winningham, Yokley, Mr. Speaker Naifeh -- 50.

              HB1225 by Harwell - HOUSE CALENDAR & RULES COMMITTEE:
    Recommended for passage - refer to: House Regular Calendar (1) 5/19/2009
              Voice Vote - Ayes Prevail

              HB1225 by Harwell - HOUSE FINANCE, WAYS & MEANS COMMITTEE:
    Recommended for passage - refer to: Calendar & Rules Committee 5/5/2009
              Voice Vote - Ayes Prevail

              HB1225 by Harwell - HOUSE FINANCE, WAYS & MEANS SUBCOMMITTEE:
    Recommended for passage - refer to: Finance, Ways & Means Committee 4/29/2009
              Voice Vote - Ayes Prevail

              HB1225 by Harwell - HOUSE CRIMINAL JUSTICE COMMITTEE:
    Recommended for passage w/amendments- refer to: Finance, Ways & Means Committee 4/15/2009
              Voice Vote - Ayes Prevail

              HB1225 by Harwell - CRIMINAL PRACTICE AND PROCEDURE OF JUD COMMITTEE:
    Recommended for passage w/amendments- refer to: Judiciary Committee 4/8/2009
              Voice Vote - Ayes Prevail

    Senate Floor and Committee Votes

    SB0314 by Black - FLOOR VOTE: CONCUR IN HOUSE AMEND# 1 6/2/2009
    Passed
              Ayes...............................................32
              Noes................................................0

              Senators voting aye were: Barnes, Beavers, Berke, Black, Bunch, Burchett, Burks, Crowe, Faulk, Finney L, Ford, O., Gresham, Harper, Haynes, Henry, Herron, Jackson, Johnson, Ketron, Kyle, Marrero B, McNally, Norris, Overbey, Ramsey, Stanley, Stewart, Tate, Tracy, Watson, Woodson, Yager, Mr. Speaker McNally, Mr. Speaker Ramsey -- 32.

    SB0314 by Black - FLOOR VOTE: THIRD CONSIDERATION AMENDED 5/4/2009
    Passed
              Ayes...............................................30
              Noes................................................0

              Senators voting aye were: Barnes, Beavers, Berke, Black, Bunch, Burchett, Burks, Crowe, Faulk, Finney L, Ford, O., Gresham, Harper, Haynes, Herron, Jackson, Johnson, Ketron, Kyle, Marrero B, McNally, Norris, Overbey, Ramsey, Stanley, Stewart, Tate, Tracy, Watson, Yager, Mr. Speaker McNally, Mr. Speaker Ramsey -- 30.

    SB0314 by Black - SENATE JUDICIARY COMMITTEE:
    Recommended for passage w/amendments- refer to: S. Cal. Comm. 4/29/2009
    Passed
              Ayes................................................9
              Noes................................................0

              Senators voting aye were: Beavers, Black, Bunch, Faulk, Jackson, Kyle, Marrero B, Overbey, Stanley -- 9.