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AR HB1033

Bill

Status

Introduced

11/20/2024

Primary Sponsor

Tippi McCullough

Click for details

Origin

House of Representatives

95th General Assembly (2025 Regular)

AI Summary

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

  • Requires two certified law enforcement officers to conduct an independent investigation and swear by affidavit before a judge that probable cause exists, with no reasonable alternative available to prevent harm

  • Mandates a hearing within 3 business days after warrant execution, where the state must prove by clear and convincing evidence that the person poses an imminent risk; firearms may be held for up to 1 year if risk is established

  • Allows the person to petition for early return of firearms after 4 months by demonstrating by preponderance of evidence they no longer pose a risk, limited to 2 petitions per 12-month period

  • Establishes civil liability for non-public employees who knowingly make false reports to improperly deprive someone of firearms, with damages limited to attorney's fees, litigation costs, and compensatory damages

Legislative Description

To Create The "arkansas Red Flag Law"; And To Create An Extreme Risk Protection Order And Warrant.

Last Action

Recommended for study in the Interim by the Committee on JUDICIARY COMMITTEE- HOUSE

4/15/2025

Committee Referrals

Judiciary1/13/2025

Full Bill Text

No bill text available