NASHVILLE, Tenn. (WTVF) — A Tennessee council has voted to recommend that courts strengthen a firearm surrender form that critics say lacks accountability — a move advocates hope will better protect domestic violence survivors after years of pushing for change.
While anyone convicted of domestic violence or prohibited from owning a gun under an order of protection must sign an affidavit agreeing to surrender their firearms within 48 hours, state law doesn't require the form to ask who took the guns or where they went.
Becky Bullard with Nashville's Office of Family Safety has long argued that the state's form doesn't have enough teeth.
"There's no way to verify that the gun's actually been given to the third party," Becky Bullard said.
In addition to a third party who is legally allowed to have firearms, they can surrender their firearm to either law enforcement or a licensed firearms dealer.
On behalf of the survivors she works with daily, Bullard has been advocating for the Tennessee Domestic Violence State Coordinating Council to revise the firearms dispossession affidavit.
"When they've finally taken those steps to do what they need to do to protect themselves and to protect their kids, to have no answers from our community about is the gun really gone? Do they still have that gun? Even though they were convicted, even though they now have an order of protection. That gives them so much uncertainty," Bullard said.
Earlier this month, the Council voted to ask judges across the state to require the form list the recipient of the guns. It won't close the loophole completely, but advocates say it could save lives.
"I've been doing this work for over 20 years. And I have worked with people that have later been murdered by their abuser with a gun... And ultimately it's the abuser that kills someone, but it is the responsibility of our system to do everything in its power to hold that offender accountable," Bullard said.
Some judicial districts have already revised the form on their own, including Wilson County, Scott County, and last year, Davidson County.
According to the Tennessee Bureau of Investigation, domestic violence cases in the Davidson County area were up 4.6% in 2024 compared to 2023, with a total of more than 10,000 victims. Of those cases, 67% involved a simple assault, while more than 16% involved aggravated assault. In roughly 3,000 of the cases, the victim was either a girlfriend or boyfriend. A total of 11 cases ended in murder.
What you should know about firearm surrender laws
Under Tennessee and federal law, a person convicted of a domestic violence misdemeanor, stalking, or any felony, or who has an active or permanent qualifying order of protection against them, cannot own or possess firearms.
Failing to surrender firearms in Tennessee is a Class A misdemeanor, punishable by up to 11 months and 29 days in prison and/or a fine of up to $2,500. It is also a federal crime punishable by up to 10 years in prison and/or a $250,000 fine.
A person convicted of a domestic violence misdemeanor or felony cannot get their firearms back. If only an order of protection is in place, they may request the return of firearms after the order expires, provided they have no domestic violence convictions and no drug or alcohol arrests within the last year. Victims will receive notice from the court if their partner or ex applies to have firearms returned.
According to the National Intimate Partner and Sexual Violence Survey, 1 in 4 women and 1 in 7 men in the US have experienced severe physical violence by an intimate partner at some point in their lifetime. Access to firearms increases the risk of murder by 5 times, and threats or assaults with a firearm increase the risk of murder 20 times.
Is this issue personal to you? You can email me at hannah.mcdonald@newschannel5.com.
If you or someone you know needs help
No one deserves to be hurt. If you are worried about your safety or are sometimes afraid of your partner or loved one, help is available. All services are free and confidential.
Jean Crowe Advocacy Center (courthouse location)
100 James Robertson Pkwy., Suite 114, Nashville, TN 37201
(615) 862-4767
Monday–Friday, 7:45 a.m.–4 p.m.
Family Safety Center (walk-ins and appointments)
610 Murfreesboro Pike, Nashville, TN 37210 (615) 880-1100
Monday–Friday, 9 a.m.–6 p.m.
YWCA 24-hour hotline (Nashville): 1-800-334-4628
National Domestic Violence Hotline (outside Nashville): 1-800-799-7233
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