The "Arkansas Red Flag Law" establishes a legal framework for issuing Extreme Risk Protection Orders (ERPOs) to temporarily restrict firearm access for individuals considered a risk of imminent personal injury 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. If warranted, an ERPO is issued, leading to the seizure of firearms from the individual. The law also includes procedures for hearings to determine the return or retention of firearms, emphasizing due process and allowing individuals to contest restrictions.

The bill amends existing laws related to false reports to law enforcement, making it a Class D felony if such reports result in wrongful firearm seizures. It also updates criteria for firearm possession restrictions and outlines the process for returning firearms if a court does not find clear evidence of risk. Additionally, it specifies conditions for early return petitions, limits the number of petitions filed annually, and clarifies civil liability for false reports leading to improper firearm deprivation. Overall, the legislation seeks to balance public safety with individual rights regarding firearm possession.

Statutes affected:
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)
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)
HB 1033: 5-54-122, 12-15-401, 5-4-405, 5-73-103, 16-93-301, 16-98-303(g)