A Tennessee lawmaker wants to allow residents to petition the courts to temporarily remove firearms from relatives who may pose a threat.

Sen. Sara Kyle, D-Memphis, is sponsoring a bill that would allow family members, household members, intimate partners or law enforcement to petition to temporarily confiscate guns from an individual who shows an immediate risk of harming themselves or others.

This type of law, commonly known as "red flag" laws or extreme risk protection orders, is being introduced nationwide in response to gun violence.

Under the proposed Senate Bill 1807, the petitioner would sign a sworn affidavit for the emergency protection order. If a judge grants the order, the person in question will be prohibited from purchasing or possessing a firearm during the period the order is in effect.

But it's not an immediate green light to seize a person's firearms. The petitioner must prove before the court that the respondent is at immediate risk. Since it's a sworn affidavit and the petitioner is under oath, if they lie or misrepresent their statement, they can faces criminal charges.

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How the red flag law would work

The petition isn't a criminal issue and would be heard by a civil judge. The respondent doesn't lose the right to own or buy firearms in the future after the order expires.

Within 30 days of the order, a hearing would be held during which the judge will either toss out or extend the order for a specific period of time, no longer than one year. To further extend the order, petitioners must again prove their allegations to the judge that the respondent is at risk.

During the hearing, the respondent may be represented by an attorney, and the judge will hear from both sides before handing down decision.

While the emergency protection order is in effect, the court would be able modify the order or even terminate it. A termination requires a judge to find that the respondent no longer poses a risk if allowed to purchase or possess a gun.

If the order is approved, all firearms would be required to be handed over within 48 hours to a third party. Violating the emergency protection order would be a Class A misdemeanor and could lead to arrest.

Kyle's proposed bill would amend TCA Title 36 and 39, which discusses domestic relations and criminal offenses, respectively.

Attempts to contact Kyle about the bill were unsuccessful.

What do you think of this proposed law? Reach Brinley Hineman at bhineman@gannett.com, at 615-278-5164 and on Twitter @brinleyhineman.