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AR HB1033
Bill
Status
11/20/2024
Primary Sponsor
Tippi McCullough
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AI Summary
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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
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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
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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
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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
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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