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Bill Would Enact Gun Return Procedure

No Current Process For People Served With Protection Orders

POSTED: 3:54 pm CST March 6, 2009
UPDATED: 7:16 pm CST March 6, 2009

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

The I-Team exposed holes in the system designed to protect domestic violence victims, and this bill attempts to remedy the problem.

The bill isn't without controversy, but judges and lawmakers said it's a first step to fix problems first exposed in a series of investigations by the Channel 4 I-Team that showed how a system designed to protect women is set up to fail.

"It is absolutely time to do something," said Rep. Beth Harwell of a series of investigations by the Channel 4 I-Team.

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.

If they don't, they could be charged with a misdemeanor. There will also be a fee charged to store the weapon.

The reason for all of this is to remove guns from tense domestic situations.

"I think it will give people that window of time to get their sanity back," said Judge Carol Soloman, 8th Circuit Court.

There are questions about people bringing weapons to police departments and the danger that might present. But Harwell said she has not only consulted with law enforcement, but also the NRA.

"Even the NRA realizes that these people should just not have guns, and they want to take a reasonable approach to this," Harwell said.

The bill would also require, as soon as that order is handed down, for the person served with the order to detail to the court exactly what kind of gun they gave, including the model and make. Once the order is over -- it usually lasts about a year -- the person can get their gun back.

In Nashville, the guns would likely be turned over to Metro police. It is so far unclear how this process would take place.


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