(a)

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Terms Used In Tennessee Code 36-3-620

  • Abuse: means :
    (A) Inflicting, or attempting to inflict, physical injury on an adult or minor by other than accidental means. See Tennessee Code 36-3-601
  • Arrest: Taking physical custody of a person by lawful authority.
  • court: means any court of record with jurisdiction over domestic relations matters or the general sessions criminal court. See Tennessee Code 36-3-601
  • Domestic abuse: means committing abuse against a victim, as defined in subdivision (5). See Tennessee Code 36-3-601
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Weapon: means a firearm or a device listed in §. See Tennessee Code 36-3-601
(1) If a law enforcement officer has probable cause to believe that a criminal offense involving domestic abuse against a victim, as defined in § 36-3-601, has occurred, the officer shall seize all weapons that are alleged to have been used by the abuser or threatened to be used by the abuser in the commission of a crime.
(2) Incident to an arrest for a crime involving domestic abuse against a victim, as defined in § 36-3-601, a law enforcement officer may seize a weapon that is in plain view of the officer or discovered pursuant to a consensual search, if necessary for the protection of the officer or other persons; provided, that a law enforcement officer is not required to remove a weapon such officer believes is needed by the victim for self defense.
(b) The provisions of § 39-17-1317, relative to the disposition of confiscated weapons, shall govern all weapons seized pursuant to this section that were used or threatened to be used by the abuser to commit the crime; provided, that if multiple weapons are seized, the court shall have the authority to confiscate only the weapon or weapons actually used or threatened to be used by the abuser to commit the crime. All other weapons seized shall be returned upon disposition of the case. Also, the officer shall append an inventory of all seized weapons to the domestic abuse report that the officer files with the officer’s supervisor pursuant to § 36-3-619(e).
(c) The officer’s supervisor shall include the appended information on seized weapons in the compilation of data that the officer’s supervisor forwards to the administrative director of the courts pursuant to § 36-3-619(f).
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