Arkansas Senate Bill 621 Summary

• Creates the "Arkansas Red Flag Law" allowing two certified law enforcement officers to obtain emergency risk protection orders and warrants to temporarily seize firearms from individuals who pose a risk of imminent personal injury to themselves or others.

• Requires officers to conduct independent investigations and swear under oath to probable cause before a judge, with judges considering factors including recent threats or acts of violence, reckless firearm use, history of physical force, prior mental health confinement, and substance abuse.

• Mandates courts hold hearings within three business days of warrant execution to determine if firearms should be returned or held by the state for up to one year, with the state bearing the burden of proof by clear and convincing evidence.

• Allows individuals to petition for early firearm return after four months with restrictions on filing frequency, and permits voluntary firearm transfer to eligible third parties who swear the original owner will have no access.

• Amends penalties for filing false reports under the Red Flag Law to make it a Class D felony if false reports result in firearms being taken from individuals, and adds Red Flag Law violations to firearm possession restrictions.