HB1033

To Create The "arkansas Red Flag Law"; And To Create An Extreme Risk Protection Order And Warrant.

Introduced

Last Action (Nov. 20, 2024): Recommended for study in the Interim by the Committee on JUDICIARY COMMITTEE- HOUSE

AI-Generated Summary

House Bill 1033, titled the 'Arkansas Red Flag Law,' establishes a legal process for the issuance of emergency risk protection orders and warrants to temporarily restrict an individual's access to firearms. The bill allows for the seizure of firearms from individuals deemed to pose a risk of imminent personal injury to themselves or others, based on a sworn affidavit by two certified law enforcement officers. Judges are required to consider evidence of recent threats or acts of violence, the brandishing of firearms, and prior involuntary mental health commitments when evaluating probable cause. The bill mandates that a hearing be held within three days of the execution of such an order to determine whether seized firearms should be returned or continue to be held. Additionally, the legislation amends existing law to categorize the filing of a false report regarding these protection orders as a criminal offense, punishable as either a Class D felony or a Class A misdemeanor depending on the circumstances.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries of this bill are individuals who may be at risk of harm from others, family members concerned about the immediate safety of a loved one exhibiting warning signs, and the general public, as the bill provides a mechanism intended to prevent imminent violence involving firearms.

Who Might Suffer?

The primary groups negatively impacted are individuals subject to an emergency risk protection order, who face the temporary seizure of their property and a restriction of their Second Amendment rights. Additionally, gun owners generally may be impacted by the potential for temporary removal of their firearms based on judicial findings, and individuals who could be subjected to the process due to malicious or false reports, even though the bill includes criminal penalties for such reporting.

Read Full Bill on arkleg.state.ar.us