reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 13 - WEAPONS (§§ 39-17-NEW — 39-17-1366) › Section 39-17-1304 - Restrictions on firearm ammunition

(a)
It is an offense for any person to possess, use or attempt to use restricted firearm ammunition while committing or attempting to commit a crime of violence. A violation of this section constitutes a separate and distinct felony.
(b)
It is an offense for any person or corporation to manufacture, sell, offer for sale, display for sale or use in this state any ammunition cartridge, metallic or otherwise, containing a bullet with a hollow-nose cavity that is filled with an explosive material and designed to detonate upon impact; provided, that this section shall not apply to any state or federal military unit or personnel for use in the performance of its duties.
(c)
(1)
A violation of subsection (a) by possession of restricted firearm ammunition is a Class E felony.
(2)
A violation of subsection (a) by use or attempted use of restricted firearm ammunition is a Class D felony.
(3)
A violation of subsection (b) is a Class E felony.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 13 - WEAPONS (§§ 39-17-NEW — 39-17-1366) › Section 39-17-1305 - Prohibited firearm registries

(a)
As used in this section, "registry" means a record of the possession or ownership by individuals or non-governmental entities of a firearm or firearm accessory, which includes, but is not limited to, the serial number, make, model, purchase date, or purchase location of the firearm or firearm accessory or the names, social security numbers, or personal addresses of the individuals or non-governmental entities.
(b)
A state or local government entity, official, employee, or agent shall not knowingly create or maintain any firearm registry with the intent to record the possession or ownership of a firearm or firearm accessory by individuals or non-governmental entities.
(c)
A violation of subsection (b) is a Class E felony.
(d)
(1)
A firearm registry under this section does not include:
(A)
A temporary log or record maintained by a state or private entity for the purpose of temporary storage of firearms;
(B)
A receipt or record generated while the firearm is in possession of a state or private entity pursuant to the normal operations of that entity unless prohibited by state law;
(C)
A record of persons assigned firearms that are purchased, owned, or authorized for carry in the course of employment by a state or local law enforcement agency;
(D)
A record maintained in connection with a criminal, civil, or administrative court case;
(E)
A record created or received by the department of correction for the following purposes:
(i)
Incident reporting or disciplining inmates, relative to the possession or introduction of a contraband firearm into a penal institution; or
(ii)
Incident reporting, issuing parole revocation warrants, or giving notice to the sentencing court relative to the unlawful possession of a weapon by a parolee or a felon probationer; or
(F)
A record created, received, or maintained by the Tennessee peace officer standards and training commission, the Jerry F. Agee Tennessee law enforcement training academy, or a law enforcement agency pursuant to §
39-17-1309(e)(11)(B)
, §
39-17-1315
, §
38-8-116
, §
38-8-123
, or §
49-6-816(f)(1) and (i)
.
(2)
Firearm information contained in documents pursuant to subdivision (d)(1) must be redacted by the record holder prior to any release under §
10-7-503
.
(e)
A violation of subsection (b) may result in a civil action under §
39-17-1314(g)-(i)
.
(f)
A violation of subsection (b) by a state or local entity shall result in loss of funding from the state for the following fiscal year and any subsequent fiscal year during which the violation occurs.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 13 - WEAPONS (§§ 39-17-NEW — 39-17-1366) › Section 39-17-1306 - Carrying weapons during judicial proceedings

(a)
No person shall intentionally, knowingly, or recklessly carry on or about the person while inside any building in which judicial proceedings are in progress any weapon prohibited by §
39-17-1302(a)
, for the purpose of going armed; provided, that if the weapon carried is a firearm, the person is in violation of this section regardless of whether the weapon is carried for the purpose of going armed.
(b)
Any person violating subsection (a) commits a Class E felony.
(c)
Subsection (a) shall not apply to any person who:
(1)
Is in the actual discharge of official duties as a law enforcement officer, or is employed in the army, air force, navy, coast guard or marine service of the United States or any member of the Tennessee national guard in the line of duty and pursuant to military regulations, or is in the actual discharge of official duties as a guard employed by a penal institution, or as a bailiff, marshal or other court officer who has responsibility for protecting persons or property or providing security;
(2)
Has been directed by a court to bring the firearm for purposes of providing evidence;
(3)
Is in the actual discharge of official duties as a judge, and:
(A)
Is authorized to carry a handgun pursuant to §
39-17-1351
;
(B)
Keeps the handgun concealed at all times when in the discharge of such duties; and
(C)
Is vested with judicial powers under §
16-1-101
;
(4)
Is in the actual discharge of official duties as an elected official of any county or municipality, and:
(A)
Is authorized to carry a handgun pursuant to §
39-17-1351
; and
(B)
Is not in the room in which judicial proceedings are in progress; or
(5)
Is in the actual discharge of official duties as the county attorney of any county in this state, and:
(A)
Is authorized to carry a handgun pursuant to §
39-17-1351
; and
(B)
Is not in the room in which judicial proceedings are in progress.
Amended by 2020 Tenn. Acts, ch. 681, Secs.s1, s2 eff. 7/1/2020.
Amended by 2018 Tenn. Acts, ch. 880, s 1, eff. 7/1/2018.
Amended by 2017 Tenn. Acts, ch. 467, s 5, eff. 7/1/2017.
Amended by 2014 Tenn. Acts, ch. 663, s 1, eff. 4/14/2014.
Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 5; 2000, ch. 988, § 2; 2011 , ch. 469, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 13 - WEAPONS (§§ 39-17-NEW — 39-17-1366) › Section 39-17-1308 - Defenses to unlawful possession or carrying of a weapon

(a)
It is a defense to the application of §
39-17-1307
if the possession or carrying was:
(1)
Of an unloaded rifle, shotgun or handgun not concealed on or about the person and the ammunition for the weapon was not in the immediate vicinity of the person or weapon;
(2)
By a person authorized to possess or carry a firearm pursuant to §
39-17-1315
, §
39-17-1351
, or §
39-17-1366
;
(3)
At the person's:
(A)
Place of residence;
(B)
Place of business; or
(C)
Premises;
(4)
Incident to lawful hunting, trapping, fishing, camping, sport shooting or other lawful activity;
(5)
By a person possessing a rifle or shotgun while engaged in the lawful protection of livestock from predatory animals;
(6)
By a Tennessee valley authority officer who holds a valid commission from the commissioner of safety pursuant to this part while the officer is in the performance of the officer's official duties;
(7)
By a state, county or municipal judge or any federal judge or any federal or county magistrate;
(8)
By a person possessing a club or baton who holds a valid state security guard/officer registration card as a private security guard/officer, issued by the commissioner, and who also has certification that the officer has had training in the use of club or baton that is valid and issued by a person certified to give training in the use of clubs or batons;
(9)
By any person possessing a club or baton who holds a certificate that the person has had training in the use of a club or baton for self-defense that is valid and issued by a certified person authorized to give training in the use of clubs or batons, and is not prohibited from purchasing a firearm under any local, state or federal laws;
(10)
By any out-of-state, full-time, commissioned law enforcement officer who holds a valid commission card from the appropriate out-of-state law enforcement agency and a photo identification; provided, that if no valid commission card and photo identification are retained, then it shall be unlawful for that officer to carry firearms in this state and this section shall not apply. The defense provided by this subdivision (a)(10) shall only be applicable if the state where the out-of-state officer is employed has entered into a reciprocity agreement with this state that allows a full-time, commissioned law enforcement officer in Tennessee to lawfully carry or possess a weapon in the other state; or
(11)
By a person authorized to carry a handgun pursuant to §
36-3-626
or §
39-17-1365
.
(b)
The defenses described in this section are not available to persons described in §
39-17-1307(b)(1)
.
Amended by 2019 Tenn. Acts, ch. 479, s 2, eff. 1/1/2020.
Amended by 2017 Tenn. Acts, ch. 468, s 2, eff. 1/1/2018.
Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 7; 1993, ch. 200, § 1; 1996, ch. 1009, §§ 20, 21; 1997 , ch. 476, § 3; 1999, ch. 295, § 1; 2003 , ch. 144, § 2.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 13 - WEAPONS (§§ 39-17-NEW — 39-17-1366) › Section 39-17-1310 - Affirmative defense to carrying weapons on school property

It is an affirmative defense to prosecution under §
39-17-1309(a)-(d)
that the person's behavior was in strict compliance with the requirements of one (1) of the following classifications:
(1)
A person hunting during the lawful hunting season on lands owned by any public or private educational institution and designated as open to hunting by the administrator of the educational institution;
(2)
A person possessing unloaded hunting weapons while transversing the grounds of any public or private educational institution for the purpose of gaining access to public or private lands open to hunting with the intent to hunt on the public or private lands unless the lands of the educational institution are posted prohibiting entry;
(3)
A person possessing guns or knives when conducting or attending "gun and knife shows" and the program has been approved by the administrator of the educational institution; or
(4)
A person entering the property for the sole purpose of delivering or picking up passengers and who does not remove, utilize or allow to be removed or utilized any weapon from the vehicle.
Acts 1989, ch. 591, § 1; 1991, ch. 510, § 4.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 13 - WEAPONS (§§ 39-17-NEW — 39-17-1366) › Section 39-17-1312 - Inaction by persons eighteen (18)

(a)
It is an offense if a person eighteen (18) years of age or older, including a parent or other legal guardian, knows that a minor or student is in illegal possession of a firearm in or upon the premises of a public or private school, in or on the school's athletic stadium or other facility or building where school sponsored athletic events are conducted, or public park, playground or civic center, and the person, parent or guardian fails to prevent the possession or fails to report it to the appropriate school or law enforcement officials.
(b)
A violation of this section is a Class A misdemeanor.
Acts 1992, ch. 907, § 1; 1999, ch. 309, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 13 - WEAPONS (§§ 39-17-NEW — 39-17-1366) › Section 39-17-1318 - New serial numbers for confiscated firearms

(a)
If any firearm confiscated and adjudicated as contraband pursuant to this part or any other law could be sold at public auction or retained by a law enforcement agency for law enforcement as provided in §
39-17-1317
, but for the fact that the serial number of the firearm has been defaced or destroyed, the commissioner of safety or the sheriff or chief of police, as appropriate, of the county in which the firearm was confiscated may send the firearm to the director of the Tennessee bureau of investigation. The director shall assign the firearm a new serial number, permanently affix the number to the firearm, record the number in the bureau's computer system, and send the firearm back to the commissioner of safety, the sheriff or chief of police for disposition in accordance with this part.
(b)
If any firearm assigned a new serial number pursuant to subsection (a) is later sold at public auction, ten percent (10%) of the proceeds of the sale shall be returned to the general fund of the state to defray the costs incurred by the director in administering this section.
Acts 1989, ch. 591, § 1; 1991, ch. 111, §§ 7, 8.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 13 - WEAPONS (§§ 39-17-NEW — 39-17-1366) › Section 39-17-1320 - Providing handguns to juveniles - Penalties

(a)
It is an offense for a person intentionally, knowingly or recklessly to provide a handgun with or without remuneration to any person that the person providing the handgun knows or has reason to believe is a juvenile in violation of §
39-17-1319
.
(b)
It is an offense for a parent or guardian intentionally, knowingly or recklessly to provide a handgun to a juvenile or permit a juvenile to possess a handgun, if the parent or guardian knows of a substantial risk that the juvenile will use a handgun to commit a felony.
(c)
Unlawfully providing or permitting a juvenile to possess a handgun in violation of subsection (a) is a Class A misdemeanor and in violation of subsection (b) is a Class D felony.
Acts 1994, ch. 802, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 13 - WEAPONS (§§ 39-17-NEW — 39-17-1366) › Section 39-17-1321 - Possession of handgun while under influence - Penalty

(a)
Notwithstanding whether a person has a permit issued pursuant to §
39-17-1315
or §
39-17-1351
or §
39-17-1366
, it is an offense for a person to possess a handgun while under the influence of alcohol or any controlled substance or controlled substance analogue.
(b)
It is an offense for a person to possess a firearm if the person is both:
(1)
Within the confines of an establishment open to the public where liquor, wine or other alcoholic beverages, as defined in §
57-3-101(a)
, or beer, as defined in §
57-6-102
, are served for consumption on the premises; and
(2)
Consuming any alcoholic beverage listed in subdivision (b)(1).
(c)
(1)
A violation of this section is a Class A misdemeanor.
(2)
In addition to the punishment authorized by subdivision (c)(1), if the violation is of subsection (a), occurs in an establishment described in subdivision (b)(1), and the person has a handgun permit issued pursuant to §
39-17-1351
or §
39-17-1366
, such permit shall be suspended in accordance with §
39-17-1352
for a period of three (3) years.
Amended by 2019 Tenn. Acts, ch. 479, s 16, eff. 1/1/2020.
Acts 1994, ch. 943, § 10; 1997 , ch. 476, § 4; 2010 , ch. 1009, § 2; 2012 , ch. 848, § 22.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 13 - WEAPONS (§§ 39-17-NEW — 39-17-1366) › Section 39-17-1322 - Defenses

(a)
A person shall not be charged with or convicted of a violation under this part if the person possessed, displayed or employed a handgun in justifiable self-defense or in justifiable defense of another during the commission of a crime in which that person or the other person defended was a victim.
(b)
A person who discharges a firearm within the geographical limits of a municipality shall not be deemed to have violated any ordinance in effect or be subject to any citation or fine the municipality may impose for discharging a firearm within the limits of the municipality if it is determined that when the firearm was discharged the person was acting in justifiable self-defense, defense of property, defense of another, or to prevent a criminal offense from occurring.
Amended by 2018 Tenn. Acts, ch. 599,s 1, eff. 3/23/2018.
Acts 1994, ch. 943, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 13 - WEAPONS (§§ 39-17-NEW — 39-17-1366) › Section 39-17-1323 - Commission of certain offenses while wearing a body vest

(a)
A person commits an offense who knowingly wears a body vest, when acting either alone or with one (1) or more other persons, while committing:
(1)
Any felony whose statutory elements involve the use or threat of violence to a human being;
(2)
Any burglary, car-jacking, theft of a motor vehicle, or arson; or
(3)
Any felony offense involving a controlled substance or controlled substance analogue.
(b)
For purposes of this section, a "body vest" means a bullet-resistant soft armor providing, as a minimum standard, the level of protection known as threat level I which shall mean at least seven (7) layers of bullet-resistant material providing protection from three (3) shots of one hundred fifty-eight-grain lead ammunition fired from a .38 caliber handgun at a velocity of eight hundred fifty feet (850') per second.
(c)
The unlawful wearing of a body vest is a Class E felony.
(d)
Nothing in this section shall prohibit the possession of a body vest for lawful purposes.
(e)
Any sentence imposed under this section shall run consecutively to any other sentence imposed for the conviction of the underlying offense.
Acts 1997, ch. 321, § 1; 2012, ch. 848, § 23.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 13 - WEAPONS (§§ 39-17-NEW — 39-17-1366) › Section 39-17-1325 - Immunity for failure to adopt policy that prohibits weapons on premises

(a)
A person, business, or other entity that owns, controls, or manages property and has the authority to prohibit weapons on that property by posting, pursuant to §
39-17-1359
, shall be immune from civil liability with respect to any claim based on such person's, business's, or other entity's failure to adopt a policy that prohibits weapons on the property by posting pursuant to §
39-17-1359
.
(b)
Immunity under subsection (a) does not apply to a person, business, or other entity whose conduct or failure to act is the result of gross negligence or willful or wanton misconduct.
Added by 2016 Tenn. Acts, ch. 947,s 1, eff. 7/1/2016.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 13 - WEAPONS (§§ 39-17-NEW — 39-17-1366) › Section 39-17-1326 - Private right of action for intentional disclosure of information regarding firearms - Award of damages

(a)
This section and §
39-17-1327
are known and may be cited as the "Firearms Information Privacy Protection Act."
(b)
If a person intentionally discloses information that the person knows or reasonably should know was unlawfully obtained and that identifies another person as the purchaser or owner of a firearm, firearm ammunition, or firearm accessory for purposes of compiling or facilitating the compilation of a federal firearms registry or database or the confiscation of firearms, then the person disclosing the information is subject to a private right of action by the person whose information was disclosed.
(c)
A court may award the person whose information was disclosed and prevails in an action under this section:
(1)
A minimum of seventy-five thousand dollars ($75,000) in statutory damages per intentional violation of subsection (b);
(2)
Actual damages;
(3)
Punitive damages;
(4)
Other forms of equitable relief; and
(5)
Reasonable costs and attorney fees.
(d)
This section does not apply to information that is provided to a government entity pursuant to §
38-8-116
, §
38-8-123
, §
39-17-1315
, §
39-17-1316
, §
39-17-1351
, §
39-17-1365
, or §
39-17-1366
, federal law, or as part of a criminal investigation.
Added by 2021 Tenn. Acts, ch. 540, s 1, eff. 7/1/2021.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 13 - WEAPONS (§§ 39-17-NEW — 39-17-1366) › Section 39-17-1327 - Unlawful disclosure of information regarding firearms by government personnel

(a)
It is an offense for any personnel, including elected and appointed officials, of this state, a local governmental entity, or a political subdivision of this state, when acting in the person's official capacity or disclosing information obtained in the person's official capacity, to intentionally disclose information that identifies another person as the purchaser or owner of a firearm, firearm ammunition, or firearm accessory for the purpose of:
(1)
Compiling or facilitating the compilation of a federal firearms registry or database; or
(2)
The confiscation of firearms.
(b)
This section does not apply to information that is provided to a government entity pursuant to §
38-8-116
, §
38-8-123
, §
39-17-1315
, §
39-17-1316
, §
39-17-1351
, §
39-17-1365
, or §
39-17-1366
, or as part of a criminal investigation.
(c)
A violation of this section is a Class E felony.
Added by 2021 Tenn. Acts, ch. 540, s 2, eff. 7/1/2021.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 13 - WEAPONS (§§ 39-17-NEW — 39-17-1366) › Section 39-17-1353 - Review of revocation or suspension

(a)
Any person who has received a notice of suspension or revocation may make a written request for a review of the department's determination by the department at a hearing. The request shall be made on a form available from the department. If the person's permit has not been previously surrendered, it must be surrendered at the time the request for a hearing is made. A request for a hearing does not stay the permit suspension or revocation.
(b)
Within thirty (30) days from the date the request for a hearing is filed, the department shall establish a hearing date and set the case on a docket. Nothing in this section shall be construed as requiring the hearing to be conducted within such thirty-day period. The hearing shall be held at a place designated by the department. The department shall provide written notice of the time and place of the hearing to the party requesting the hearing at least ten (10) days prior to the scheduled hearing, unless the party agrees to waive this requirement.
(c)
The presiding hearing officer shall be the commissioner or an authorized representative designated by the commissioner. The presiding hearing officer shall have the authority to:
(1)
Administer oaths and affirmations;
(2)
Examine witnesses and take testimony;
(3)
Receive relevant evidence;
(4)
Issue subpoenas, take depositions, or cause depositions to interrogatories to be taken;
(5)
Regulate the course and conduct of the hearing; and
(6)
Make a final ruling on the issue.
(d)
The sole issue at the hearing shall be whether by a preponderance of the evidence the person has violated any provision of §§
39-17-1351
- 39-17-1360 or §
39-17-1366
. If the presiding hearing officer finds the affirmative of this issue, the suspension or revocation order shall be sustained. If the presiding hearing officer finds the negative of this issue, the suspension or revocation order shall be rescinded.
(e)
The hearing shall be recorded. The decision of the presiding hearing officer shall be rendered in writing, and a copy will be provided to the person who requested the hearing.
(f)
If the person who requested the hearing fails to appear without just cause, the right to a hearing shall be waived, and the department's earlier determination shall be final.
(g)
Witnesses under subpoena shall be entitled to the same fees as are now or may hereafter be provided for witnesses in civil actions in the circuit court and, unless otherwise provided by law or by action of the agency, the party requesting the subpoenas shall bear the cost of paying fees to the witnesses subpoenaed.
Amended by 2019 Tenn. Acts, ch. 479, s 19, eff. 1/1/2020.
Acts 1996, ch. 905, § 5.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 13 - WEAPONS (§§ 39-17-NEW — 39-17-1366) › Section 39-17-1354 - Judicial review of department determination

(a)
Within thirty (30) days of the issuance of the final determination of the department following a hearing under §
39-17-1353
, a person aggrieved by the determination shall have the right to file a petition in the chancery court of the county of the person's residence for judicial review. The filing of a petition for judicial review shall not stay the revocation order.
(b)
The review shall be on the record, without taking additional testimony. If the court finds that the department exceeded its constitutional or statutory authority, made an erroneous interpretation of the law, acted in an arbitrary and capricious manner, or made a determination that is unsupported by the evidence in the record, the court may reverse the department's determination.
Acts 1996, ch. 905, § 6.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 13 - WEAPONS (§§ 39-17-NEW — 39-17-1366) › Section 39-17-1355 - Applicability of Uniform Administrative Procedures Act

The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, applies to the extent it is consistent with the proceedings under §§
39-17-1353
and
39-17-1354
relating to administrative hearing and judicial review.
Acts 1996, ch. 905, § 7.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 13 - WEAPONS (§§ 39-17-NEW — 39-17-1366) › Section 39-17-1356 - Duplicate permits

The department shall issue a duplicate permit to a permit holder upon the payment by the permit holder of a fee of five dollars ($5.00).
Acts 1996, ch. 905, § 8.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 13 - WEAPONS (§§ 39-17-NEW — 39-17-1366) › Section 39-17-1357 - Notice of address change

(a)
Within sixty (60) days of any change in a permit holder's principal place of residence, the permit holder shall notify the department in writing of the permit holder's new address.
(b)
On or after January 1, 2015, the department shall provide a method for permit holders to notify the department electronically on the department's website.
Amended by 2014 Tenn. Acts, ch. 816,s 1, eff. 4/29/2014.
Acts 1996, ch. 905, § 9.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 13 - WEAPONS (§§ 39-17-NEW — 39-17-1366) › Section 39-17-1358 - Retention of records - Violations

(a)
The sheriff or chief law enforcement officer may retain applications and files related to the approval or denial of any application submitted from October 1, 1994, to October 1, 1996, if the applications and files are relevant to any pending litigation. After the pending litigation is concluded, the applications and files shall be destroyed.
(b)
Except as otherwise specifically provided in §§
39-17-1351
and
39-17-1352
, a violation of §§
39-17-1351
- 39-17-1360 or §
39-17-1366
is a Class B misdemeanor punishable only by a fine not to exceed five hundred dollars ($500).
(c)
Any party aggrieved under the terms of §§
39-17-1351
- 39-17-1360 or §
39-17-1366
by the denial, suspension or revocation of a permit, or otherwise, may file a writ of mandamus, as provided by law. The action shall also allow the recovery of any actual damages sustained by the party. The aggrieved party, if prevailing in action, shall also be entitled to recover those costs and attorney's fees reasonably incurred or relating to the action.
(d)
Nothing contained in this section shall be construed to alter, reduce or eliminate any personal civil or criminal liability that an applicant may have for the intentional or negligent use of a firearm.
Amended by 2019 Tenn. Acts, ch. 479, s 20, eff. 1/1/2020.
Acts 1996, ch. 905, § 10; 1997 , ch. 476, § 5.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 13 - WEAPONS (§§ 39-17-NEW — 39-17-1366) › Section 39-17-1360 - Rules and regulations

The department of safety is authorized to promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement §§
39-17-1351
- 39-17-1360 or §
39-17-1366
.
Amended by 2019 Tenn. Acts, ch. 479, s 21, eff. 1/1/2020.
Acts 1996, ch. 905, § 12.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 13 - WEAPONS (§§ 39-17-NEW — 39-17-1366) › Section 39-17-1362 - Imitation firearm - Defined - Offense to display in threatening manner in public place

(a)
As used in this section, unless the context otherwise requires:
(1)
"Imitation firearm" means an object or device substantially similar in coloration and overall appearance to a firearm, as defined in §
39-11-106(a)
, as to lead a reasonable person to perceive that the object or device is a firearm; and
(2)
"Public place" means a place to which the public or a group of persons has access and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, places of business, playgrounds, and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence. An act is deemed to occur in a public place if it produces its proscribed consequences in a public place, even if the person engaging in the prohibited conduct is not in a public place.
(b)
A person commits an offense who intentionally displays in a threatening manner an imitation firearm in a public place in a way that would cause a reasonable person to fear bodily injury to themselves or another.
(c)
It is a defense to a violation of subsection (b) if the imitation firearm is displayed in connection with, or as a part of, any justifiable defense as set forth in chapter 11, part 6 of this title.
(d)
A violation of this section is a Class B misdemeanor.
(e)
Nothing in this section shall be construed to prohibit prosecution under any other law.
Acts 2008, ch. 1173, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 13 - WEAPONS (§§ 39-17-NEW — 39-17-1366) › Section 39-17-1364 - Purchase and shipment of antique firearms and certain edged weapons

Notwithstanding §
39-17-1307
, or any other law, it is lawful in this state for a person to purchase, and have shipped directly to such person's residence, the following:
(1)
A black powder weapon; provided, that it meets the definition of
18 U.S.C. § 921
;
(2)
A knife, even if the blade is in excess of four inches (4"); or
(3)
A sword or bayonet, whether for ornamental, ceremonial, historical, theatrical or collecting purposes, or otherwise.
Amended by 2014 Tenn. Acts, ch. 647,s 6, eff. 7/1/2014.
Acts 2012, ch. 608, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 13 - WEAPONS (§§ 39-17-NEW — 39-17-1366) › Section 39-17-1365 - Application for temporary handgun carry permit by person granted order of protection - Issuance of permit

(a)
A person who petitions the court and is granted an order of protection, ex parte or otherwise, pursuant to title 36, chapter 3, part 6, may apply for a temporary handgun carry permit from the department of safety within twenty-one (21) calendar days after that order of protection is granted.
(b)
To be eligible to receive a temporary handgun carry permit, the person must:
(1)
Apply in person to the department of safety on a temporary handgun carry permit application developed by the department;
(2)
Include a certified copy of the order of protection with the application;
(3)
Provide proof of the person's identity and Tennessee residency by presenting:
(A)
A driver license or photo identification issued by the state of Tennessee; or
(B)
Other proof satisfactory to the department showing the person's identity and residency; and
(4)
Meet the qualifications for the issuance of a handgun carry permit under §
39-17-1351(c)
.
(c)
The department of safety shall conduct a name-based criminal history check in the same manner as set forth in §
39-17-1351(n)(3)
upon receiving an application for a temporary handgun carry permit under this section.
(d)
If an applicant meets all the requirements of this section, the department of safety shall issue a temporary handgun carry permit to the applicant that shall be valid for sixty (60) calendar days from the date of issuance.
(e)
A person issued a temporary handgun carry permit under this section shall carry that permit and a copy of the protective order at all times when carrying a handgun pursuant to this section.
(f)
A temporary handgun carry permit issued under this section shall only be valid in Tennessee and shall not be considered as satisfying the requirements of reciprocity with any other state firearm carry provisions.
(g)
A temporary handgun carry permit issued under this section may be issued as a letter to the applicant and may be issued without the applicant's photograph.
(h)
The issuance of a temporary handgun carry permit under this section does not relieve a person from complying with all requirements of §
39-17-1351
in order to be issued a handgun carry permit pursuant to that section.
(i)
A temporary handgun carry permit issued under this section is subject to §§
39-17-1352
- 39-17-1359.
Added by 2017 Tenn. Acts, ch. 468,s 3, eff. 1/1/2018.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 14 - METALS RECYCLING (§§ 39-17-1401 — 39-17-1404) › Section 39-17-1401 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Metals recycling facility" means any business that is predominantly engaged in performing the process by which scrap, used or obsolete ferrous or nonferrous metals are converted into raw materials consisting of proper grades and having an existing or potential economic value;
(2)
"Motor vehicle" means any vehicle which is self-propelled;
(3)
"PCB-containing capacitor" means a capacitor that contains polychlorinated biphenyls and is regulated under the federal Toxic Substances Control Act (
15 U.S.C. § 2601
et seq.);
(4)
"Person" means an individual, corporation, partnership, sole proprietorship or other business entity; and
(5)
"Scrap vehicle" means any motor vehicle that has been crushed, flattened or dismantled or that has been otherwise damaged to the extent that it cannot be economically repaired.
Acts 1994, ch. 798, § 2.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 14 - METALS RECYCLING (§§ 39-17-1401 — 39-17-1404) › Section 39-17-1402 - Conveyance of dangerous materials to metals recycling facilities

(a)
A person may not sell, convey or otherwise transfer to a metals recycling facility any of the following items without first obtaining from the metals recycling facility a signed written acknowledgment that the item has been sold, conveyed or transferred to the facility:
(1)
Lead-acid battery;
(2)
Fuel tank;
(3)
PCB-containing capacitor;
(4)
Chlorofluorocarbon refrigerant; or
(5)
Unspent air bag.
(b)
This section applies whether an item is included with a load of scrap or is contained or enclosed in a motor vehicle, scrap vehicle, appliance or other item of scrap.
Acts 1994, ch. 798, § 3.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 14 - METALS RECYCLING (§§ 39-17-1401 — 39-17-1404) › Section 39-17-1403 - Posting of requisite notice

A metals recycling facility shall post in a conspicuous location a notice that is readily visible to all persons selling materials to the facility. The notice shall be no smaller than twenty-four inches (24") horizontally by eighteen inches (18") vertically and must contain the following language:
TENNESSEE LAW PROHIBITS THE SALE, TRANSFER OR CONVEYANCE OF ANY OF THE FOLLOWING ITEMS TO THIS FACILITY WITHOUT FIRST OBTAINING OUR SIGNED WRITTEN ACKNOWLEDGMENT THAT WE WILL ACCEPT THE ITEM:
(A)
LEAD-ACID BATTERIES;
(B)
FUEL TANKS;
(C)
PCB-CONTAINING CAPACITORS;
(D)
CHLOROFLUOROCARBON REFRIGERANTS; AND
(E)
UNSPENT AIR BAGS.
A VIOLATION OF THIS LAW IS A CLASS B MISDEMEANOR.
Acts 1994, ch. 798, § 4.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 14 - METALS RECYCLING (§§ 39-17-1401 — 39-17-1404) › Section 39-17-1404 - Penalty for violations

A person who violates this part commits a Class B misdemeanor.
Acts 1994, ch. 798, § 5.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 15 - PREVENTION OF YOUTH ACCESS TO TOBACCO AND ELECTRONIC CIGARETTES ACT (§§ 39-17-1501 — 39-17-1551) › Section 39-17-1501 - Short title

This part shall be known and may be cited as the "Prevention of Youth Access to Tobacco, Smoking Hemp, and Vapor Products Act."
Amended by 2020 Tenn. Acts, ch. 732, s 9, eff. 1/1/2021.
Amended by 2019 Tenn. Acts, ch. 303, s 2, eff. 7/1/2019.
Amended by 2015 Tenn. Acts, ch. 353, s 1, eff. 7/1/2015.
Acts 1994, ch. 872, § 1; 2011 , ch. 501, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 15 - PREVENTION OF YOUTH ACCESS TO TOBACCO AND ELECTRONIC CIGARETTES ACT (§§ 39-17-1501 — 39-17-1551) › Section 39-17-1502 - Purpose and intent

(a)
The purpose of this part is to reduce the access of persons under twenty-one (21) years of age to tobacco products by strengthening existing prohibitions against the sale and distribution of tobacco products and prohibiting the purchase or receipt of tobacco products by such persons, limiting the sale of tobacco products through vending machines, restricting the distribution of tobacco product samples, prohibiting the sale of cigarettes or smokeless tobacco products other than in unopened packages, and random, unannounced inspections of locations where tobacco products are sold or distributed, providing for the report required to be submitted to the United States department of health and human services pursuant to Section 1926 of the Public Health Service Act (
42 U.S.C. § 300x-26
), and ensuring uniform regulations with respect to tobacco products within this state.
(b)
The purpose of this part is also to prohibit the sale or distribution of vapor products to, or purchase of vapor products on behalf of, persons under twenty-one (21) years of age.
(c)
The purpose of this part is also to prohibit the sale or distribution of smoking hemp products to, or purchase of smoking hemp products on behalf of, persons under twenty-one (21) years of age.
(d)
The purpose of this part is also to prohibit the sale or distribution of smokeless nicotine products to, or purchase of smokeless nicotine products on behalf of, persons under twenty-one (21) years of age.
(e)
It is the intent of the general assembly that this part be equitably enforced so as to ensure the eligibility for and receipt of any federal funds or grants that this state now receives or may receive relating to this part.
Amended by 2022 Tenn. Acts, ch. 810, s 1, eff. 4/8/2022.
Amended by 2019 Tenn. Acts, ch. 303, s 3, eff. 7/1/2019.
Amended by 2015 Tenn. Acts, ch. 353, s 2, eff. 7/1/2015.
Acts 1994, ch. 872, § 2; 2011 , ch. 501, § 2.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 15 - PREVENTION OF YOUTH ACCESS TO TOBACCO AND ELECTRONIC CIGARETTES ACT (§§ 39-17-1501 — 39-17-1551) › Section 39-17-1504 - Sale or distribution to underage persons unlawful - Proof of age requirement

(a)
It is unlawful for any person to sell or distribute any tobacco, smoking hemp, vapor product, or smokeless nicotine product to another person who has not attained twenty-one (21) years of age or to purchase a tobacco, smoking hemp, vapor product, or smokeless nicotine product on behalf of such person under twenty-one (21) years of age.
(b)
It is unlawful for any person to persuade, entice, send or assist a person who has not attained twenty-one (21) years of age to purchase, acquire, receive or attempt to purchase, acquire or receive a tobacco, smoking hemp, vapor product, or smokeless nicotine product. This section and §
39-17-1505
do not preclude law enforcement efforts involving:
(1)
The use of a minor if the minor's parent or legal guardian has consented to this action; or
(2)
The use of an individual under twenty-one (21) years of age who is not a minor if the individual has consented to this action.
(c)
No person shall distribute tobacco, smoking hemp, vapor product, or smokeless nicotine product samples in or on any public street, sidewalk, or park.
(d)
A person engaged in the sale or distribution of tobacco, smoking hemp, vapor product, or smokeless nicotine product shall demand proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser or recipient may be under thirty (30) years of age. In the case of distribution by mail, the distributor of tobacco, smoking hemp, vapor product, or smokeless nicotine product shall obtain from the addressee an affirmative statement that the person is twenty-one (21) years of age or older, and shall inform the recipient that the person is strictly prohibited from distributing any tobacco, smoking hemp, vapor product, or smokeless nicotine product, as defined by this part, to any person under twenty-one (21) years of age.
Amended by 2022 Tenn. Acts, ch. 810, s 3, eff. 4/8/2022.
Amended by 2020 Tenn. Acts, ch. 732, s 11, eff. 1/1/2021.
Amended by 2020 Tenn. Acts, ch. 732, s 10, eff. 1/1/2021.
Amended by 2019 Tenn. Acts, ch. 303, s 6, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 303, s 5, eff. 7/1/2019.
Amended by 2015 Tenn. Acts, ch. 353, Secs.s 5, s 6 eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 353, s 4, eff. 7/1/2015.
Amended by 2013 Tenn. Acts, ch. 319, s 2, eff. 5/13/2013.
Acts 1994, ch. 872, § 4; 1995, ch. 470, §§ 2, 3; 1999, ch. 354, §§ 1, 2, 4; 2011 , ch. 501, § 4.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 15 - PREVENTION OF YOUTH ACCESS TO TOBACCO AND ELECTRONIC CIGARETTES ACT (§§ 39-17-1501 — 39-17-1551) › Section 39-17-1506 - Required postings

(a)
Every person who sells tobacco, smoking hemp, vapor products, or smokeless nicotine products at retail shall post conspicuously and keep so posted at the place of business a sign, no smaller than ninety-three and one-half (931/2) square inches, to ensure that it is likely to be read at each point of sale, stating the following:
STATE LAW STRICTLY PROHIBITS THE SALE OF TOBACCO PRODUCTS, VAPOR PRODUCTS, SMOKELESS NICOTINE PRODUCTS, OR SMOKING PARAPHERNALIA TO PERSONS UNDER THE AGE OF TWENTY-ONE (21) YEARS
PROOF OF AGE MAY BE REQUIRED
(b)
Unless another notice is required by federal law, the notice required by this section and the notice required by §
39-15-411
shall be the only notice regarding tobacco, smoking hemp, vapor products, or smokeless nicotine products required to be posted or maintained in any store that sells tobacco, smoking hemp, vapor products, or smokeless nicotine products at retail.
Amended by 2022 Tenn. Acts, ch. 810, Secs.s 6, s 7 eff. 4/8/2022.
Amended by 2020 Tenn. Acts, ch. 732, s 14, eff. 1/1/2021.
Amended by 2020 Tenn. Acts, ch. 732, s 13, eff. 1/1/2021.
Acts 1994, ch. 872, § 6; 1999, ch. 354, § 8.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 15 - PREVENTION OF YOUTH ACCESS TO TOBACCO AND ELECTRONIC CIGARETTES ACT (§§ 39-17-1501 — 39-17-1551) › Section 39-17-1507 - Vending machine sales

(a)
It is unlawful for any person to sell tobacco, smoking hemp, vapor products, or smokeless nicotine products through a vending machine unless the vending machine is located in any of the following locations:
(1)
In areas of factories, businesses, offices, or other places that are not open to the public;
(2)
In places that are open to the public but to which persons under twenty-one (21) years of age are denied access;
(3)
In places where alcoholic beverages are sold for consumption on the premises, but only if the vending machine is under the continuous supervision of the owner or lessee of the premises or an employee of the owner or lessee of the premises, and is inaccessible to the public when the establishment is closed; and
(4)
In other places, but only if the machine is under the continuous supervision of the owner or lessee of the premises or an employee of the owner or lessee of the premises, or the machine can be operated only by the use of a token purchased from the owner or lessee of the premises or an employee of the owner or lessee of the premises prior to each purchase, and is inaccessible to the public when the establishment is closed.
(b)
In any place where supervision of a vending machine, or operation by token is required by this section, the person responsible for that supervision or the sale of the token shall demand proof of age from a prospective purchaser if an ordinary person would conclude on the basis of appearance that the prospective purchaser may be under thirty (30) years of age.
Amended by 2022 Tenn. Acts, ch. 810, s 8, eff. 4/8/2022.
Amended by 2020 Tenn. Acts, ch. 732, s 16, eff. 1/1/2021.
Amended by 2020 Tenn. Acts, ch. 732, s 15, eff. 1/1/2021.
Amended by 2019 Tenn. Acts, ch. 303, s 10, eff. 7/1/2019.
Acts 1994, ch. 872, § 7; 1999, ch. 354, §§ 9, 10.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 15 - PREVENTION OF YOUTH ACCESS TO TOBACCO AND ELECTRONIC CIGARETTES ACT (§§ 39-17-1501 — 39-17-1551) › Section 39-17-1508 - Required packaging

It is unlawful for any person to sell cigarettes or smokeless tobacco products except in the original, sealed package in which they were placed by the manufacturer that bears the health warning required by federal law.
Acts 1994, ch. 872, § 8; 1999, ch. 354, § 11.