Arkansas House Bill HB1797

Arkansas 2023 Regular Session

• Introduced: 3/30/23
• Refer: 3/30/23
• Failed: 5/1/23

Caption

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

Impact

If enacted, HB1797 would amend existing laws relating to firearm possession and the criteria under which firearms can be confiscated. Specifically, it establishes a legal framework whereby law enforcement officers can petition for an emergency risk protection order. This order would involve the court’s assessment of evidence indicating a credible threat of harm. Additionally, the bill carries implications for how firearms can be temporarily controlled under these circumstances while ensuring that individuals retain the right to contest such actions in court.

Summary

House Bill 1797, known as the 'Arkansas Red Flag Law,' introduces measures that allow for an extreme risk protection order aimed at restricting firearm access for individuals deemed at imminent risk of personal injury to themselves or others. This legislation seeks to balance the rights to bear arms with the necessity of public safety and mental health concerns. It outlines a process that law enforcement can use to petition a court for an order to seize firearms from individuals presenting such risks, thereby preventing potential violence or self-harm.

Contention

The bill has sparked debate among legislators and constituents regarding the balance between gun rights and community safety. Proponents argue that it provides necessary tools to mitigate potential violence and protect vulnerable individuals, especially in mental health crises. Conversely, opponents express concerns regarding due process and the potential for misuse of the law, fearing it may lead to unjust restrictions on lawful gun ownership. They advocate for thorough checks and balances to prevent false reporting or unfounded claims that could unjustly deprive individuals of their right to possess firearms.