HB1033
To Create The "arkansas Red Flag Law"; And To Create An Extreme Risk Protection Order And Warrant.
AI-Generated Summary
This bill, titled the "Arkansas Red Flag Law," establishes an Extreme Risk Protection Order and warrant process. It aims to temporarily restrict a person's access to firearms if there is probable cause to believe they pose a risk of imminent personal injury to themselves or others. The process begins with a sworn affidavit from two law enforcement officers who have conducted an independent investigation and found no reasonable alternative. An application for an emergency order and warrant can be filed by any person who believes it is warranted. A judge will review the application and affidavits, considering recent threats or acts of violence, and potentially other factors like reckless firearm use or prior mental health commitments. If grounds are established, an order and warrant can be issued for a search and seizure of firearms. The named individual will receive a copy of the order and warrant, along with notice of their right to a hearing. A hearing must be held within three days of the order's execution to determine if firearms should be returned or remain with the state, unless the individual voluntarily forfeits the firearms. The bill also amends existing law to include being restricted under the "Arkansas Red Flag Law" as a condition for firearm possession and makes filing a false report related to this law a Class D felony under certain circumstances.
Potential Impact Analysis
Who Might Benefit?
['The primary beneficiaries of this bill are members of the public who may be at risk of harm from individuals exhibiting dangerous behavior. Law enforcement agencies would also benefit by having a legal mechanism to intervene and temporarily remove firearms from individuals deemed to be an imminent threat, potentially preventing violence. The judicial system would be involved in reviewing applications and conducting hearings. Individuals who file false reports alleging conduct that would warrant an action under this law would face criminal penalties, thus indirectly benefiting those who might be falsely accused.']
Who Might Suffer?
['Individuals who are subject to an Extreme Risk Protection Order and warrant would be directly impacted, as their right to possess firearms would be temporarily restricted. This could include individuals experiencing mental health crises, those who have made threats of violence, or those who exhibit reckless behavior with firearms. The process involves the seizure of firearms, which would negatively impact those individuals. Furthermore, the bill introduces penalties for filing false reports related to the "Arkansas Red Flag Law," potentially impacting individuals who make unsubstantiated claims against others.']