This is all I could find on the matter that explained anything in some detail.
Federal law generally prohibits possession of firearms and ammunition by people who have been found by a court, board, commission, or other lawful authority to be a danger to themselves or others, or to "lack[] the mental capacity to contract or manage [their] own affairs," as a result of their mental condition or illness.
1 Federal law also generally prohibits people from possessing firearms if they have been involuntarily hospitalized or committed to a mental health or substance abuse treatment facility by a court, board, commission, or other lawful authority.
2
No federal law, however, requires states to report the identities of these individuals when they become ineligible to possess firearms to the
National Instant Criminal Background Check System ("NICS") database, which the FBI uses to perform background checks prior to firearm transfers. As a result, state record reporting laws are critical to ensuring the accuracy and effectiveness of the background check system.
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 made the orders and adjudications listed above must report this fact to NICS and the Tennessee Department of Safety.
3
This reporting must include the:
4
- Complete name and all aliases of the individual judicially committed or adjudicated, 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;
- Date judicial commitment was ordered or adjudication was made;
- Private or state hospital or treatment resource to which the individual was judicially committed;
- Date of birth of the individual judicially committed or adjudicated, if such information has been provided to the clerk;5
- Race and sex of the individual judicially committed or adjudicated ; and
- Social security number of the individual judicially committed or adjudicated (if available).
Tennessee law requires clerks of court to confirm with the administrative office of the courts when these reports are made to NICS. The law 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 consequences of noncompliance, including that the administrative office of the courts will no longer accept data from an office not in compliance until such time as the errors are corrected.
7
Under Tennessee law, if a person who has become ineligible to possess firearms due to their mental health attempts to purchase a firearm, and the instant check unit of the Tennessee bureau of investigation confirms the person's record, the unit shall contact, within twenty-four hours, the chief law enforcement officer of the jurisdiction where the attempted purchase occurred for the purpose of initiating an investigation into a possible violation of law.
8
Tennessee law also establishes procedures for an individual prohibited from possessing firearms under federal law for mental health reasons to petition for relief from the federal prohibition.
9 A person who is subject to federal law's mental health-related firearm prohibition 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.
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Mental Health Reporting In Tennessee
