Every month, 76 women are shot and killed by an intimate partner in the United States.
Tennessee has a law that is meant to remove guns from domestic abusers—but right now, there is a dangerous loophole in the way our courts are implementing that law.
Domestic abusers are able to give their firearms to a responsible third party. The problem is: Tennessee courts are not collecting information on who domestic abusers are relinquishing their guns to.
This means there is no check ensuring domestic abusers are actually forfeiting their guns.
Thankfully, this can be fixed—but the Tennessee Domestic Violence State Coordinating Council, the agency tasked with creating domestic violence-related intervention programs, needs to hear from residents like you.
Sign the petition NOW to urge Tennessee courts to fix their domestic violence relinquishment form >>
To the Domestic Violence State Coordinating Council:
On behalf of the individuals, organizations, and agencies who have signed below, we are requesting that the Domestic Violence State Coordinating Council (DVSCC) update the Domestic Violence Firearms Dispossession Forms for both Orders of Protection and Domestic Violence Misdemeanor Convictions to include the name of 3rd party dispossessed to and identifying information to ensure lawful means of dispossession are achieved.
The firearms dispossession statutes state the following:
TN Code §36-3-625. Order of protection; dispossession of firearms
(a) Upon issuance of an order of protection that fully complies with 18 U.S.C. § 922(g)(8), the order shall include on its face the following disclosures: (1) That the respondent is required to dispossess the respondent by any lawful means, such as transferring possession to a third party who is not prohibited from possessing firearms, of all firearms the respondent possesses within forty-eight (48) hours of the issuance of the order;
TN Code § 39-13-111-Domestic assault
(c)(6) If a defendant pleads guilty or is found guilty of a domestic violence offense, as defined by this section or in § 40-14-109, the judge shall immediately order that the defendant:
(A) Terminate physical possession of all firearms in the defendant's possession within forty-eight (48) hours of the conviction by any lawful means, such as transferring possession to a third party who is not prohibited from possessing firearms;
In order to demonstrate that dispossession was completed by "lawful means" and that the third party "is not prohibited from possessing firearms," the form must provide a space for the courts to verify the legal means of dispossession with the individual's name and identifying information. It is impossible to establish that the dispossession was completed by lawful means without this pertinent information, and therefore, the current form does not fully support the statute.
Previously, it has been suggested that the statute needs to explicitly lay out that a third party's name is required in the form. However, the same standard is not used in other court forms. For example, the Order of Protection Ex Parte Petition form requires detailed information on the respondent, even asking for the respondent's employer and phone number (a third party), which is not explicitly spelled out in statute but is required in order to provide service to the respondent.
The DVSCC should also feel empowered to collectively create this change given the language in the statute TN 36-3-625 (e), which states, "The affidavit of firearms dispossession form shall be developed by the domestic violence state coordinating council, in consultation with the administrative office of the courts." The statute clearly states that the DVSCC has the authority to develop the affidavit form and to ensure that the form is fully functional so that the courts can abide by the statute.
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Additionally, Scott County, Tennessee's Courts have already implemented this change and have been highlighted by national media as a state model on high-risk prioritization and firearms compliance. This change is not only possible and already being implemented in some Tennessee counties, but it is necessary to comply with the law.
Thank you in advance for considering this request from the listed individuals below, including organizations from the Tennessee Coalition's membership, judges, prosecutors, court personnel, and leaders in interpersonal violence and firearms prevention work throughout the state of Tennessee.
Sincerely,