The Gap in Existing Law

Currently, Tennessee law mandates that individuals convicted of domestic violence offenses or subject to protective orders relinquish their firearms. However, the existing process allows for transfer of the weapon to a third party – a friend or family member – without requiring disclosure of the recipient’s identity. This loophole, advocates argue, creates a significant vulnerability, making it difficult to verify actual dispossession and ensure the firearm doesn’t fall into the wrong hands.

“The current system lacks the necessary safeguards,” explains Becky Bullard of Nashville’s Office of Family Safety. “Without knowing who receives the firearm, we cannot confidently confirm lawful dispossession or guarantee that the recipient is legally authorized to possess it.”

Scott County’s Pioneering Approach

Recognizing this critical flaw, Scott County in East Tennessee implemented a groundbreaking reform. As reported by WPLN and ProPublica, Scott County now requires individuals surrendering firearms to provide a sworn affidavit detailing the recipient’s name and address. The recipient is also asked to sign an affidavit confirming receipt of the weapon. This enhanced accountability measure has served as a model for other counties.

Shelby County Judge Greg Gilbert, after learning of Scott County’s success, swiftly amended his court’s dispossession affidavit to mirror the stricter requirements. “I was frankly surprised to learn that courts had the authority to implement these changes independently,” Judge Gilbert stated. “It’s a small step, but it significantly increases the likelihood that these orders are taken seriously.”

Legislative Roadblocks and Ongoing Advocacy

Last year, a bipartisan legislative effort sought to standardize Scott County’s enhanced form statewide. However, the bill was delayed until 2026 following opposition from the Tennessee Firearms Association and the National Rifle Association. Details of the legislative battle highlight the challenges of enacting stricter gun control measures in the state.

Despite the legislative setback, advocates continue to push for broader adoption of the amended form. A recent attempt to secure a recommendation from the state council on domestic violence failed due to a procedural error, but the group plans to revisit the issue in March. Bullard emphasizes the urgency of the situation, recalling the 2018 Waffle House shooting – a tragic event where the perpetrator possessed a firearm despite a prior order to relinquish it. “We simply cannot afford to wait,” she asserts. “Every minute counts.”

Nine counties, including Davidson and Shelby, have already adopted the more rigorous affidavit. The momentum suggests a growing recognition of the need for greater accountability in preventing domestic violence fatalities.

What role should state legislatures play in standardizing gun dispossession procedures? And how can communities best support victims of domestic violence while navigating complex legal challenges?

Frequently Asked Questions

• What is the primary issue with Tennessee’s current gun dispossession laws?

  The main problem is the lack of verification regarding who receives a firearm when an individual is ordered to relinquish it. The state doesn’t require disclosure of the recipient’s identity, making it difficult to ensure the gun is safely secured and doesn’t fall into the wrong hands.

• How has Scott County, Tennessee, addressed this issue?

  Scott County requires individuals surrendering firearms to provide a sworn affidavit detailing the recipient’s name and address. The recipient must also sign an affidavit confirming receipt of the weapon, creating a clear chain of custody.

• Why was the statewide legislation to adopt Scott County’s form delayed?

  The bill faced opposition from the Tennessee Firearms Association and the National Rifle Association, leading to its postponement until 2026.

• What is being done at the county level to improve gun dispossession procedures?

  At least nine counties, including Davidson and Shelby, have amended their gun dispossession affidavits to require information about the recipient of the firearm. Other counties are considering similar changes.

• What resources are available for victims of domestic violence in Tennessee?

  The National Domestic Violence Hotline (1-800-799-SAFE) and local domestic violence shelters and advocacy organizations offer support and resources to victims. You can also find information through the Tennessee Coalition Against Domestic and Sexual Violence (https://tcadsv.org/).