This text of Tennessee § 37-1-190 (Restrictions on possessing and purchasing firearms following adjudication - Submission of adjudication to the instant check unit - Petition for reinstatement) is published on Counsel Stack Legal Research, covering Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)(1) Beginning July 1, 2024, in addition to any disposition authorized by § 37-1-131 , if a juvenile is adjudicated delinquent for conduct that, if committed by an adult, would constitute an offense set out in subdivision (a)(2), then the court shall prohibit the juvenile from purchasing or possessing a firearm until the juvenile reaches twenty-five (25) years of age.
(2)This section applies to delinquent acts committed by a juvenile who is fourteen (14) years of age or older at the time of the act that, if committed by an adult, would constitute:
(A)Aggravated assault, as defined in § 39-13-102 ;
(B)Aggravated assault against a first responder or nurse, as defined in § 39-13-116 ;
(C)A violation of title 39, chapter 13, part 2;
(D)A violation of title 39, chapter 13, part 4;
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(a) (1) Beginning July 1, 2024, in addition to any disposition authorized by § 37-1-131 , if a juvenile is adjudicated delinquent for conduct that, if committed by an adult, would constitute an offense set out in subdivision (a)(2), then the court shall prohibit the juvenile from purchasing or possessing a firearm until the juvenile reaches twenty-five (25) years of age. (2) This section applies to delinquent acts committed by a juvenile who is fourteen (14) years of age or older at the time of the act that, if committed by an adult, would constitute: (A) Aggravated assault, as defined in § 39-13-102 ; (B) Aggravated assault against a first responder or nurse, as defined in § 39-13-116 ; (C) A violation of title 39, chapter 13, part 2; (D) A violation of title 39, chapter 13, part 4; (E) A violation of title 39, chapter 13, part 10; (F) Aggravated cruelty to animals, as defined in § 39-14-212 ; (G) A threat of mass violence, as defined in § 39-16-517 ; or (H) A violation of title 39 involving the use or display of a firearm. (b) (1) Before a juvenile court accepts a plea of guilty or no contest from a child who was fourteen (14) years of age or older at the time of the offense and charged with a delinquent offense described in subdivision (a)(2), the court shall notify the juvenile that the juvenile will be prohibited from possessing or purchasing a firearm until the juvenile reaches twenty-five (25) years of age. (2) After informing the juvenile of the firearm consequences of a plea of guilty or no contest, the court may accept the plea of guilty or no contest if the juvenile clearly states on the record that the juvenile is aware of the consequences of the adjudication and still wishes to enter a plea of guilty or no contest. (c) If a juvenile is found by the court to have committed a delinquent act described in subdivision (a)(2), then the court shall notify the juvenile of the prohibition on purchasing or possessing a firearm until the juvenile reaches twenty-five (25) years of age. (d) The clerk of the juvenile court shall electronically submit to the instant check unit of the Tennessee bureau of investigation the final disposition of delinquency proceedings against a juvenile adjudicated delinquent for an act described in subdivision (a)(2) as soon as practicable but not later than three (3) business days after final disposition of the delinquency proceedings. The Tennessee bureau of investigation shall transmit the final disposition to the department of safety for the department's use in determining eligibility under §§ 39-17-1351 , 39-17-1352 , and 39-17-1366 . (e) (1) If a person subject to the prohibition in subsection (a) is nineteen (19) years of age or older and at least one (1) year removed from person's most recent delinquency adjudication and completion of any disposition imposed, then the person may petition the juvenile court for reinstatement of the person's right to purchase or possess a firearm. (2) In determining whether to grant a petition filed under this subsection (e), the court shall consider: (A) The behavior of the person since the delinquency adjudication resulting in the prohibition under subsection (a); (B) The likelihood that the person will engage in further criminal activity; and (C) Any other information the court considers relevant. (3) Pursuant to § 37-1-159 , the criminal court, or a court having criminal jurisdiction, may review the juvenile court's determination under this subsection (e). (4) If the court grants a petition for reinstatement of the person's right to purchase or possess a firearm and the court's order is not appealed pursuant to § 37-1-159 , then the clerk of the juvenile court shall electronically submit to the instant check unit of the Tennessee bureau of investigation a certified copy of the order reinstating the person's right to purchase or possess a firearm within three (3) business days after the time period for filing an appeal has closed.