Bill Would Enact Gun Return Procedure (TN)

[davepc]

If you own a gun or work for law enforcement, then legislation sparked by a Channel 4 I-Team investigation could impact you.

...

Harwell is among the lawmakers who are calling for a set procedure to surrender guns when someone is served with an order of protection.

The I-Team's investigation showed even though people served with orders are told by judges to get rid of their guns, no one in Nashville had ever turned one in to law enforcement because there was no procedure to do it.

"It obviously was a flaw in the law," said Harwell, "and we need to correct it."

The bill would require anyone served with an order of protection to turn over their gun either to the local sheriff, law enforcement or a registered gun dealer within 24 hours of when the order was handed down.

http://www.msnbc.msn.com/id/29557684/

[pipoman]

1. Why not eligible family members or friends?

Most orders of protection (called 'protection from abuse' or 'pfa' here) in my state are a routine part of a divorce, included in the temporary orders. They are often included in divorces which have no history of violence. Also PFAs are often used by the party who files as a weapon, or dig even though the filing party knows full well that the person being served has no predisposition to violence.

It seems to me it should be lawful to turn the property over to an eligible family member or friend until the order is lifted (often at the first hearing after service of the divorce) or expires.

Things also often included in temporary orders which are not upheld beyond the first hearing are orders for sole custody of children, orders for removal of the served party from jointly owned real estate, orders placing control of jointly owned assets (including bank accounts and vehicles) in the sole care of the person filing, orders setting completely unreasonable child support and alimony payments to the filing party, etc. Then a hearing is scheduled which always results in new, more reasonable temporary orders. If there is no history of violence in the relationship the pfa is usually lifted at the first hearing.

[gorfle]

2. That's what I would do.

If I were ever to become ineligible to own firearms I would give them to family members who are. There is no reason for the state to confiscate my valuable property.