HB 1797 Summary

• Creates the "Arkansas Red Flag Law" establishing extreme risk protection orders and warrants to temporarily restrict firearm access for persons posing imminent risk of personal injury to themselves or others

• Requires two certified law enforcement officers to conduct independent investigation and swear affidavit to a judge establishing probable cause before firearm seizure; judge must find grounds exist or probable cause exists to believe grounds exist

• Mandates court hearing within three days of firearm seizure to determine return or continued custody; state must prove by clear and convincing evidence that person poses imminent risk; firearm may be held up to one year

• Allows person whose firearm was seized to petition for early return after four months by showing preponderance of evidence they no longer pose risk; permits voluntary forfeiture and transfer to eligible persons; seized firearms not claimed within 30 days must be destroyed within 48 hours

• Establishes civil liability for non-public employees who knowingly make false reports to improperly deprive persons of lawfully possessed firearms; amends existing law to make false red flag reports a Class D felony in certain circumstances and adds red flag restrictions to firearm possession prohibitions