Federal law prohibits possession of a firearm or ammunition by any person who has been “adjudicated as a mental defective” or involuntarily “committed to any mental institution.”1 No federal law, however, requires states to report the identities of these individuals to the National Instant Criminal Background Check System (“NICS”) database, which the FBI uses to perform background checks prior to firearm transfers.

A 2009 Tennessee law requires submission of mental health records to NICS. The state’s circuit courts, criminal courts, general sessions courts, county/probate courts and chancery courts that have ordered a commitment to a mental institution or that have adjudicated a person as mentally defective are required to report this fact to NICS and the Tennessee Department of Safety.2

This reporting must include the:

  • Complete name and all aliases of the individual judicially committed or adjudicated as a mental defective, including any names that the individual may have had or currently has by reason of marriage or otherwise;
  • Case or docket number of the judicial commitment or adjudication as a mental defective;
  • Date judicial commitment was ordered or adjudication as a mental defective was made;
  • Private or state hospital or treatment resource to which the individual was judicially committed; and
  • Date of birth of the individual judicially committed or adjudicated as a mental defective, if such information has been provided to the clerk.3

The aforementioned information is confidential and not subject to public inspection except if necessary for any proceedings for the suspension or revocation of handgun carry permits.4

Tennessee enacted a law in 2013 that requires clerks of court to confirm with the administrative office of the courts when these reports are made to NICS.  The law also requires these reports to be made as soon as practicable, but no later than the third business day following the date of such an order or adjudication.  If a clerk of court is unable to make a report to NICS, he or she must provide the administrative office of the courts with sufficient information so the office can make the report.  The law also details the results of noncompliance.5

In 2015, Tennessee also enacted a law establishing procedures for an individual prohibited from possessing firearms under federal law for mental health reasons to petition for relief from the federal prohibition.6 A person who is subject to federal law’s mental health-related firearm prohibition because the person has been adjudicated as a mental defective or committed to a mental institution may petition the court that entered the commitment or adjudication order once three years have elapsed from the person’s date of release from commitment or the date of the adjudication order, whichever is later.7

The court must receive and consider evidence in an open proceeding concerning:

(1) The circumstances that led to the imposition of the federal firearms disability;

(2) The petitioner’s mental health records;

(3) The petitioner’s criminal history;

(4) The petitioner’s reputation; and

(5) Changes in the petitioner’s condition or circumstances relevant to the relief sought.8

The court shall grant the petition for relief if it finds by a preponderance of the evidence that (1) the petitioner is no longer likely to act in a manner that is dangerous to public safety; and (2) granting the relief would not be contrary to the public interest.9 When the court issues an order granting a petition of relief, the court clerk must, as soon as practicable and within 30 days, forward a copy of the order to the Tennessee Bureau of Investigation (TBI).10 Upon receipt of the order, the TBI must then immediately forward a copy of the order to the Department of Safety; update the NICS database and transmit the corrected records to the FBI; and remove and destroy all records relating to the petition for relief from any database over which the TBI exercises control.11 If denied, the petitioner may also appeal a final order, or file one new petition for relief every two years.12

For general information on the background check process and categories of prohibited purchasers or possessors, see the Tennessee Background Checks and Tennessee Prohibited Purchasers Generally sections.

See our Mental Health Reporting policy summary for a comprehensive discussion of this issue.

 

Notes
  1. 18 U.S.C. § 922(d)(4). ⤴︎
  2. Tenn. Code Ann. §§ 16-10-213(b), (c), 16-11-206(b), (c), 16-15-303(g)(2), 16-16-120(b). The documentation and reporting requirements of mental health adjudications and judicial commitments to mental institutions discussed in this section apply to any clerk of court that maintains such records. Tenn. Code Ann. § 33-3-115. ⤴︎
  3. Tenn. Code Ann. §§ 16-10-213(c), 16-11-206(c), 16-15-303(g)(3), 16-16-120(c). ⤴︎
  4. Tenn. Code Ann. §§ 16-10-213(d), 16-11-206(d), 16-15-303(g)(4), 16-16-120(d). ⤴︎
  5. 2013 TN S.B. 789. ⤴︎
  6. 2015 TN S.B. 886, enacting Tenn. Code Ann. § 16-10-205. ⤴︎
  7. Id. A copy of the petition for relief shall also be served on the district attorney general of the judicial district in which the original commitment or adjudication occurred. The district attorney general may appear, support, object to, or present evidence relevant to the relief sought by the petitioner. ⤴︎
  8. Id. ⤴︎
  9. Id. ⤴︎
  10. Id. ⤴︎
  11. Id. ⤴︎
  12. Id. ⤴︎