HB1797

House Bill 1797, known as the 'Arkansas Red Flag Law,' establishes a legal process for the temporary seizure of firearms from individuals deemed to pose an imminent risk of personal injury to themselves or others. The bill requires that two certified law enforcement officers swear to an affidavit establishing probable cause, based on an independent investigation, before a judge can issue an emergency risk protection order and warrant. The bill outlines the criteria judges must consider, such as recent threats or acts of violence, the brandishing of firearms, or prior mental health institutionalization. It mandates that a hearing be held within three days (excluding weekends and holidays) after the execution of the order to determine if the seized firearms should be returned or held by the state. The bill also amends existing law to categorize the filing of a false report under this act as a crime, with penalties ranging from a Class A misdemeanor to a Class D felony, depending on the circumstances. Finally, the bill adds being subject to such an order as a condition that restricts an individual's ability to possess or own a firearm.