The "Arkansas Red Flag Law" establishes a legal framework for issuing Extreme Risk Protection Orders (ERPOs) to temporarily restrict firearm access for individuals identified as posing an imminent risk of harm to themselves or others. Certified law enforcement officers can file sworn affidavits to a judge, who may issue an emergency risk protection order and warrant for the seizure of firearms if probable cause is found. A hearing must occur within three days to determine the future of the seized firearms. The bill also amends existing laws to classify filing a false report that leads to firearm seizure as a Class D felony and updates criteria for firearm possession restrictions to include those under the Arkansas Red Flag Law.

Additionally, the bill introduces amendments regarding the custody and return of firearms taken under ERPOs, allowing individuals to petition for their return after demonstrating they no longer pose a risk. It mandates that if a court finds an individual poses a risk, local law enforcement and the prosecuting attorney must be notified to potentially initiate mental health commitment proceedings. The legislation also allows for the transfer of firearm ownership to an "eligible person" under specific conditions and outlines civil liabilities for false reporting, limiting damages to attorney's fees, litigation costs, and compensatory damages. Overall, the bill seeks to balance public safety with individual rights concerning firearm possession and the legal processes for emergency risk protection orders.

Statutes affected:
HB 1797: 5-54-122, 12-15-401, 5-4-405, 5-73-103, 16-93-301, 16-98-303(g)