HB1067
Concerning Firearm Hold Agreements; And To Provide Civil Immunity To A Federal Firearms Licensee Who Agrees To Hold A Firearm For An Individual.
AI-Generated Summary
This bill, House Bill 1067, establishes provisions for "firearm hold agreements" in Arkansas. It defines a federal firearms licensee and a firearm hold agreement, which involves a licensee taking temporary possession of a firearm from an individual owner at the owner's request. The agreement specifies a holding period and the return of the firearm. The core of the bill provides civil immunity to federal firearms licensees who operate lawfully in the state and enter into these firearm hold agreements. This immunity covers acts or omissions arising from the agreement that result in personal injury or death. However, the immunity does not extend to acts that stem from otherwise unlawful conduct by the federal firearms licensee. The bill aims to clarify and potentially encourage such agreements by addressing liability concerns.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries of this bill are federal firearms licensees operating in Arkansas. By providing civil immunity for actions related to firearm hold agreements, the bill could encourage these businesses to offer such services to individuals who wish to temporarily store their firearms. This could also indirectly benefit firearm owners who seek a secure and legal method for temporary firearm storage, potentially for reasons such as travel or temporary removal from their residence, as they may have more options available to them through licensed dealers.
Who Might Suffer?
The groups most likely to be negatively impacted by this bill are individuals who might be harmed by firearms involved in these hold agreements, particularly if the licensee's actions, though potentially within the scope of the agreement, lead to injury or death. While the bill includes an exception for "otherwise unlawful conduct" by the licensee, the scope of civil immunity could still shield licensees from liability in situations where a firearm is returned to an individual who subsequently misuses it, or if a firearm is stolen or misused while in the licensee's possession due to negligence that isn't deemed "unlawful conduct." This could potentially shift the burden of proof or recovery onto victims or their families in certain scenarios.