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SB 1131

Orders of Protection - As introduced, allows a court to issue an emergency protection order upon a finding that a person poses an imminent risk of harm to the person or others if allowed to purchase or possess a firearm; authorizes a family member, household member, intimate partner, or law enforcement officer to petition for such an order. - Amends TCA Title 36 and Title 39.

114th Regular Session (2025-2026) Introduced by Jeff Yarbro

Tennessee bill allows courts to issue emergency firearm restriction orders for individuals posing imminent harm risk, petitionable by family, household members, and law enforcement.

Passed on Second Consideration, refer to Senate Judiciary Committee
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WeVote Research Nonpartisan
Bill Summary · SB 1131

Legislative bill overview

SB 1131 establishes a mechanism for Tennessee courts to issue emergency protection orders that temporarily prevent individuals deemed to pose an imminent risk from purchasing or possessing firearms. The bill allows family members, household members, intimate partners, and law enforcement to petition for such orders, with courts making the determination based on evidence of danger.

Why is this important

This legislation addresses gun violence prevention by creating a legal tool to temporarily restrict firearm access during crisis situations, potentially preventing impulsive acts of violence or self-harm. The bill affects fundamental rights (firearm ownership) and due process considerations, making it a significant policy intervention in public safety and constitutional law.

Potential points of contention

  • Second Amendment concerns: Critics argue emergency orders restricting firearm rights may violate constitutional protections, particularly regarding due process and the standard of "imminent risk"
  • Definitional ambiguity: The threshold for "imminent risk" lacks precise definition, potentially leading to inconsistent court application and concerns about overreach or underreach
  • Petitioner standing: Allowing multiple categories (family, household members, intimate partners) to petition raises questions about false or retaliatory filings and the burden placed on courts to adjudicate disputes
  • Procedural safeguards: The bill's protection mechanisms for respondents during emergency orders—such as hearing timelines, evidence standards, and appeal processes—are not detailed in the introduction summary

Compiled from official sources — confirm details with the bill’s official record.

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