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, asserting probable cause for such risks, which initiates an independent investigation leading to the issuance of an ERPO and a warrant for firearm seizure. The law also details the procedures for hearings to determine the return or retention of firearms, aiming to balance public safety with the due process rights of affected individuals.

Additionally, the bill amends existing laws concerning false reporting and firearm possession. It introduces penalties for filing false reports related to the Arkansas Red Flag Law, classifying such offenses as Class D felonies under certain conditions. The legislation clarifies that individuals restricted from firearm possession under the law are prohibited from ownership. It also outlines the criteria for transferring firearm ownership to an "eligible person" and specifies the process for individuals to petition for the early return of their firearms, including limitations on petitions and conditions for dismissal. Overall, the bill seeks to enhance public safety while respecting individual rights regarding firearm possession.

Statutes affected:
Old version HB1033 V2 - 1-16-2025 03:10 PM: 5-54-122, 12-15-401, 01-16-2025, 5-4-405, 5-73-103, 16-93-301, 16-98-303(g)
Old version HB1033 Original - 11-20-2024 02:59 PM: 5-54-122, 12-15-401, 5-4-405, 5-73-103, 16-93-301, 16-98-303(g)
HB 1033: 5-54-122, 12-15-401, 5-4-405, 5-73-103, 16-93-301, 16-98-303(g)