Fiscal Summary

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Bill Summary

This bill provides that beginning October 1, 2023, in addition to any disposition, if a juvenile is adjudicated delinquent for conduct that, if committed by an adult, would constitute an offense set out in this bill, then the court must prohibit the juvenile from purchasing or possessing a firearm until the juvenile reaches 25.

This bill applies to delinquent acts committed by a juvenile who is 14 or older at the time of the act that, if committed by an adult, would constitute any of the following:

(1) Aggravated assault;

(2) Aggravated assault against a first responder or nurse;

(3) Criminal homicide;

(4) Robbery, aggravated robbery, especially aggravated robbery, or carjacking;

(5) Burglary, aggravated burglary, especially aggravated burglary;

(6) Cruelty to animals;

(7) Aggravated cruelty to animals;

(8) A threat of mass violence; or

(9) A criminal offense involving the use or display of a firearm.

This bill provides that before a juvenile court accepts a plea of guilty or no contest from a child who was 14 or older at the time of the offense and charged with a delinquent offense described in this bill, the court must notify the juvenile that the juvenile will be prohibited from possessing or purchasing a firearm until the juvenile reaches 25.

ACCEPTANCE OF PLEA

This bill authorizes, the court, after informing the juvenile of the firearm consequences of a plea of guilty or no contest, to 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.

NOTIFICATION

This bill provides that if a juvenile is found by the court to have committed a delinquent act described in this bill, then the court must notify the juvenile of the prohibition on purchasing or possessing a firearm until the juvenile reaches 25.

Similarly, this bill requires the clerk of the juvenile court to notify the Tennessee bureau of investigation (TBI) of final disposition of delinquency proceedings against a juvenile adjudicated delinquent for an act described in this bill as soon as practicable but not later than 72 hours after final disposition of the delinquency proceedings.

UNLAWFUL POSSESSION OF A FIREARM

This bill provides that a person 18 or older but less than 25 who possesses a firearm commits a Class A misdemeanor if the person was adjudicated delinquent on or after October 1, 2023, for an act which, if committed by an adult, would have constituted any of the following offenses listed in (1)-(9) above.

A Class A misdemeanor is punishable by a term of imprisonment of 11 months, 29 days; a fine not more than $2,500, or both.

SELLING OF FIREARM BY LICENSED INDIVIDUAL

This bill provides that a person appropriately licensed by the federal government is authorized to stock and sell firearms to persons desiring firearms; however, sales are prohibited to persons who meet the following criteria:

(A) Have been convicted of the offense of stalking;

(B) Are addicted to alcohol;

(C) Are ineligible to receive firearms under federal law;

(D) Have been judicially committed to a mental institution or adjudicated as a mental defective; or

(E) Are 18 or older but less than 25 and have been adjudicated delinquent on or after October 1, 2023, for an act which, if committed by an adult, would have constituted any of the following offenses listed in (1)-(9) above.

This bill provides that in regards to being ineligible to receive firearms under federal law, the offense of violation of a protective order as prohibited is considered a misdemeanor crime of domestic violence under federal law.

TENNESSEE BUREAU OF INVESTIGATION

This bill authorizes the TBI to inspect files and records of the court in a proceeding for the limited purpose of performing a background check prior to the transfer of a firearm to determine whether a person has been adjudicated as a mental defective or committed to a mental institution at 16 or older, as required by federal law, or is prohibited from purchasing a firearm pursuant to this bill.

EXPUNCTION

Present law provides that a court is authorized to file a motion for expunction of all court files and juveniles' records of any person who is tried and adjudicated delinquent or unruly by a juvenile court. Additionally, this bill authorizes a court to order all or any portion of the requested expunction if the person meets any of the following criteria:

(1) The person is 17 or older and meets other adjudicated-related criteria;

(2) The person has maintained responsible, civic-minded conduct for one or more years; or

(3) The person has made an adjustment of circumstances that the court believes that the expunction serves the best interest of the child and community.

This bill deletes (1) above and provides, instead, that the person is not currently prohibited from possessing or purchasing a firearm pursuant to this bill, and continues to meet other adjudicated-related criteria in present law. Additionally, this bill requires all of the criteria mentioned in new (1) and (2)-(3) above to be met in order for the court be able to order all or any portion of the requested expunction.

ORDER OF ADJUDICATION

This bill adds that an order of disposition or other adjudication is not a conviction of crime and, except as provided in this bill, does not impose any civil disability ordinarily resulting from a conviction".