PROBLEM
Current Tennessee law does not provide for temporary limits on access to weapons when someone is a known danger
Even when it is clear that someone is at risk of harming themselves or others, there’s no legal pathway in Tennessee for family members, medical professionals, or law enforcement to prevent an individual in crisis from accessing their firearms or purchasing a new gun.
Firearms are the leading cause of death among children and teens in Tennessee.1 Both homicides and suicides by firearms are on the rise in Tennessee, with the overall rate of firearm deaths for children and adults alike increasing by 52 percent over the last decade.2
SOLUTION
A temporary transfer of firearms will allow intervention only when there is a real risk
Temporary transfer laws allow law enforcement to temporarily remove firearms from an individual who clearly presents an imminent risk of danger. Law enforcement may petition a court to temporarily transfer the individual’s firearms by presenting “clear and convincing evidence,” a very high standard, at a hearing that the person is at imminent risk of causing harm to themselves or others.
The combination of allowing law enforcement to take swift, emergency action and requiring due process by a court is what makes temporary transfer laws both fair and effective. This approach balances public safety and Second Amendment rights. To guard against misuse of the law, proposed legislation should include a penalty against persons making false or malicious reports.
Laws that balance public safety interests while providing a mechanism to temporarily limit access to firearms for those who are at a high risk of harming themselves or others would save lives in Tennessee.3
PROVEN & POPULAR
Temporary Transfer is a Tennessee Solution
Twenty one states – including Florida and Indiana – and D.C. have enacted similar legislation.4 Florida’s law was passed in the wake of the Parkland School shooting in 2018. Since most perpetrators of mass violence exhibit behavioral warning signs before carrying out their plans, laws that allow for the temporary transfer of firearms have been effectively used to stop potential mass shootings, including at other Florida schools. Data also show that these laws are effective in preventing firearm suicides. For instance, after implementing such laws, the rate of firearm suicide decreased by 14 percent in Connecticut and by 7.5 percent in Indiana.5
Three separate polls in recent months have all confirmed that a large majority of Tennesseans support laws that allow firearms to be removed from individuals who pose a risk to themselves or others.
[1] “Firearm-Related Deaths in Tennessee.” The Sycamore Institute, June 26, 2023. SycamoreTN.org
[2] “Firearm-Related Deaths in Tennessee.” The Sycamore Institute, June 26, 2023. SycamoreTN.org
[3] Of significant importance, Connecticut has seen a 14% reduction in the firearm suicide rate since the introduction of its ERPO law in 1999, while Indiana has seen a 7.5% reduction in firearm suicide rate since 2005. Everytown for Gun Safety, Extreme Risk Laws Save Lives (April 17, 2020, last updated February 20, 2023) https://everytownresearch.org/report/extreme-risk-laws-save-lives/.
[4] https://everytownresearch.org/solution/extreme-risk-laws/
[5] https://everytownresearch.org/report/extreme-risk-laws-save-lives/