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Arkansas House Bill HB1033

Arkansas 2025 Regular Session

Arkansas House Bill HB1033 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
22 *CEB028* 11/20/2024 9:45:21 AM CEB028
33 State of Arkansas 1
44 95th General Assembly A Bill 2
55 Regular Session, 2025 HOUSE BILL 1033 3
66 4
77 By: Representative A. Collins 5
88 6
99 7
1010 For An Act To Be Entitled 8
1111 AN ACT TO BE KNOWN AS THE "ARKANSAS RED FLAG LAW"; TO 9
1212 CREATE AN EXTREME RISK PROTECTION ORDER AND WARRANT; 10
1313 TO PROVIDE A RESTRICTION ON ACCESS TO A FIREARM FOR A 11
1414 PERSON DEEMED TO POSE A RISK OF IMMINENT PERSONAL 12
1515 INJURY TO HIMSELF OR HERSELF OR TO THE PUBLIC; AND 13
1616 FOR OTHER PURPOSES. 14
1717 15
1818 16
1919 Subtitle 17
2020 TO CREATE THE "ARKANSAS RED FLAG LAW"; 18
2121 AND TO CREATE AN EXTREME RISK PROTECTION 19
2222 ORDER AND WARRANT. 20
2323 21
2424 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
2525 23
2626 SECTION 1. Arkansas Code § 5 -54-122 is amended to read as follows: 24
2727 5-54-122. Filing false report with law enforcement agency. 25
2828 (a) As used in this section, “report” means any communication, either 26
2929 written or oral, sworn or unsworn. 27
3030 (b) A person commits the offense of filing a false report if he or she 28
3131 files a report with any law enforcement agency or prosecuting attorney's 29
3232 office of: 30
3333 (1) any alleged Alleged criminal wrongdoing on the part of 31
3434 another person knowing that the report is false ; or 32
3535 (2) Conduct by another person that the reporting person alleges 33
3636 should be investigated under the Arkansas Red Flag Law, § 12 -15-401 et seq., 34
3737 knowing that the report to the law enforcement agency or prosecuting 35
3838 attorney's office is false . 36 HB1033
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4141 (c)(1) Filing a false report is a Class D felony if: 1
4242 (A) The alleged criminal wrongdoing is a capital offense, 2
4343 Class Y felony, Class A felony, or Class B felony; 3
4444 (B) The law enforcement agency or prosecuting attorney's 4
4545 office to whom the false report is made has expended in excess of five 5
4646 hundred dollars ($500) in order to investigate the false report, including 6
4747 the costs of labor; 7
4848 (C) Physical injury results to any person as a result of 8
4949 the false report; 9
5050 (D) The false report is made in an effort by the person 10
5151 filing the false report to conceal his or her own criminal activity; 11
5252 (E) The false report results in another person being 12
5353 arrested or having his or her firearms taken from him or her under the 13
5454 Arkansas Red Flag Law, § 12 -15-401 et seq.; or 14
5555 (F) The false report alleges another person purposely 15
5656 selected the victim of a crime because the victim was a member of or was 16
5757 associated with a recognizable and identifiable group or class who share 17
5858 mental, physical, biological, cultural, political, or religious beliefs or 18
5959 characteristics, for the purpose of delayed release under § 5 -4-405. 19
6060 (2) Otherwise, filing a false report is a Class A misdemeanor. 20
6161 21
6262 SECTION 2. Arkansas Code § 5 -73-103 is amended to read as follows: 22
6363 5-73-103. Possession of firearms by certain persons. 23
6464 (a) Except as provided in subsection (d) of this section or unless 24
6565 authorized by and subject to such conditions as prescribed by the Governor , 25
6666 or his or her designee, or by the United States Bureau of Alcohol, Tobacco, 26
6767 Firearms, and Explosives , or other bureau or office designated by the United 27
6868 States Department of Justice, no a person shall not possess or own any a 28
6969 firearm who has been: 29
7070 (1) Convicted Has been convicted of a felony; 30
7171 (2) Adjudicated Has been adjudicated mentally ill; or 31
7272 (3) Committed Has been committed involuntarily to any mental 32
7373 institution; or 33
7474 (4) Is currently restricted from possessing a firearm under the 34
7575 Arkansas Red Flag Law, § 12 -15-401 et seq. 35
7676 (b)(1) Except as provided in subdivisions (b)(2) and (3) of this 36 HB1033
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7979 section, a determination by a jury or a court that a person committed a 1
8080 felony constitutes a conviction for purposes of subsection (a) of this 2
8181 section even though the court suspended imposition of sentence or placed the 3
8282 defendant on probation. 4
8383 (2) Subdivision (b)(1) of this section does not apply to a 5
8484 person whose case was dismissed and expunged or sealed under § 16-93-301 et 6
8585 seq. or § 16-98-303(g). 7
8686 (3) The determination by the jury or court that the person 8
8787 committed a felony does not constitute a conviction for purposes of 9
8888 subsection (a) of this section if the person is subsequently granted a pardon 10
8989 explicitly restoring the ability to possess a firearm. 11
9090 (c)(1) A person who violates subdivisions (a)(1)-(3) of this section 12
9191 commits a Class B felony if: 13
9292 (A) The person has a prior violent felony conviction; 14
9393 (B) The person's current possession of a firearm involves 15
9494 the commission of another crime; or 16
9595 (C) The person has been previously convicted under this 17
9696 section or a similar provision from another jurisdiction. 18
9797 (2) A person who violates subdivisions (a)(1)-(3) of this 19
9898 section commits a Class D felony if he or she has been previously convicted 20
9999 of a felony and his or her present conduct or the prior felony conviction 21
100100 does not fall within subdivision (c)(1) of this section. 22
101101 (3) Otherwise, the person commits a violation of this section is 23
102102 a Class A misdemeanor. 24
103103 (d) The Governor may restore without granting a pardon the right of a 25
104104 convicted felon or an adjudicated delinquent to own and possess a firearm 26
105105 upon the recommendation of the chief law enforcement officer in the 27
106106 jurisdiction in which the person resides, so long as the underlying felony or 28
107107 delinquency adjudication: 29
108108 (1) Did not involve the use of a weapon; and 30
109109 (2) Occurred more than eight (8) years ago. 31
110110 (e) As used in this section, “felony” means any state or federal 32
111111 felony, excluding a federal or state felony offense for which the person 33
112112 convicted has completed his or her sentence and pertaining to: 34
113113 (1) An antitrust violation; 35
114114 (2) An unfair trade practice; 36 HB1033
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117117 (3) Restraint of trade; or 1
118118 (4) Another offense relating to the regulation of business 2
119119 practices. 3
120120 4
121121 SECTION 3. Arkansas Code Title 12, Chapter 15, is amended to add an 5
122122 additional subchapter to read as follows: 6
123123 7
124124 Subchapter 4 — Arkansas Red Flag Law 8
125125 9
126126 12-15-401. Title. 10
127127 This subchapter shall be known and may be cited as the "Arkansas Red 11
128128 Flag Law". 12
129129 13
130130 12-15-402. Legislative intent. 14
131131 (a) The intent of this subchapter is to provide for a temporary 15
132132 restriction of access to a firearm for a person who has demonstrated that he 16
133133 or she poses a risk of imminent personal injury to himself, herself, or to 17
134134 another person while providing the person with due process to contest the 18
135135 restriction if the person can show that he or she does not pose a risk of 19
136136 imminent personal injury to himself, herself, or to another person. 20
137137 (b) Further, the General Assembly intends to provide for the return of 21
138138 any firearm taken into custody to the person from whom the firearm was taken 22
139139 either after a definite period of time or after the person has shown that he 23
140140 or she no longer poses a risk of imminent personal injury to himself, 24
141141 herself, or to another person. 25
142142 26
143143 12-15-403. Sworn affidavit required. 27
144144 (a) Any two (2) certified law enforcement officers may swear under 28
145145 oath by affidavit to a district court judge or circuit court judge that 29
146146 probable cause exists to believe that: 30
147147 (1) A person poses a risk of imminent personal injury to 31
148148 himself, herself, or to another person; and 32
149149 (2) The person possesses one (1) or more firearms. 33
150150 (b) The certified law enforcement officers under subsection (a) of 34
151151 this section shall not swear under oath by affidavit unless the certified law 35
152152 enforcement officers have conducted an independent investigation and have 36 HB1033
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155155 determined that probable cause exists as described in subsection (a) of this 1
156156 section and that there is no reasonable alternative available to prevent the 2
157157 person from causing imminent personal injury with a firearm to himself, 3
158158 herself, or to another person. 4
159159 (c) The independent investigation under this section may be initiated: 5
160160 (1) In response to an application for an emergency risk 6
161161 protection order and warrant under § 12 -15-404; or 7
162162 (2) By one (1) or more law enforcement officers if there is a 8
163163 belief the investigation is warranted. 9
164164 10
165165 12-15-404. Filing application and supporting documents. 11
166166 (a) Any person who believes an emergency risk protection order and 12
167167 warrant is warranted under this subchapter may file an application under this 13
168168 section. 14
169169 (b)(1) An applicant for an emergency risk protection order and warrant 15
170170 issued under this subchapter shall file a copy of the application for the 16
171171 emergency risk protection order and warrant and all affidavits upon which the 17
172172 emergency risk protection order and warrant are based with the clerk of the 18
173173 district court or circuit court, as applicable. 19
174174 (2) If an application for an emergency risk protection order and 20
175175 warrant is filed before obtaining all affidavits upon which the emergency 21
176176 risk protection order and warrant are based: 22
177177 (A) The application shall be forwarded to the appropriate 23
178178 law enforcement officers as determined by the clerk of the district court or 24
179179 circuit court, as applicable; and 25
180180 (B) If an independent investigation occurs and results in 26
181181 the execution of affidavits under § 12 -15-403, the affidavits shall be filed 27
182182 with the clerk of the district court or circuit clerk, as appropriate, and 28
183183 attached to the application for an emergency risk protection order and 29
184184 warrant. 30
185185 (c) Before the execution and return of an emergency risk protection 31
186186 order and warrant issued under this subchapter, the clerk of the district 32
187187 court or circuit court, as applicable, shall not disclose any information 33
188188 pertaining to the application for the emergency risk protection order and 34
189189 warrant or any affidavits upon which the emergency risk protection order and 35
190190 warrant are based. 36 HB1033
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193193 (d) An emergency risk protection order and warrant issued under this 1
194194 subchapter shall be executed and returned with reasonable promptness 2
195195 consistent with due process of law and shall be accompanied by a written 3
196196 inventory of all firearms taken into custody. 4
197197 5
198198 12-15-405. Issuance of emergency risk protection order and warrant by 6
199199 judge — Grounds and findings. 7
200200 (a) A district court judge or circuit court judge may only issue an 8
201201 emergency risk protection order and warrant under this subchapter if the 9
202202 sworn affidavit under § 12 -15-403 establishes the required grounds for 10
203203 issuing the emergency risk protection order and warrant. 11
204204 (b) In determining whether grounds for the emergency risk protection 12
205205 order and warrant exist or whether there is probable cause to believe the 13
206206 grounds exist, the district court judge or circuit court judge shall consider 14
207207 any recent: 15
208208 (1) Threat or act of violence by the person directed toward 16
209209 another person; and 17
210210 (2) Threat or act of violence by the person directed toward 18
211211 himself or herself. 19
212212 (c) When evaluating under this section whether the recent threat or 20
213213 act of violence constitutes probable cause to believe that the person poses a 21
214214 risk of imminent personal injury to himself, herself, or to another person, 22
215215 the district court judge or circuit court judge may consider other factors, 23
216216 including without limitation: 24
217217 (1) The reckless use, display, or brandishing of a firearm by 25
218218 the person; 26
219219 (2) A history of the use, attempted use, or threatened use of 27
220220 physical force by the person against another person; and 28
221221 (3) Prior involuntary confinement of the person in a mental 29
222222 health facility or other medical facility where the person received treatment 30
223223 for a mental health condition. 31
224224 (d)(1) If the district court judge or circuit court judge is satisfied 32
225225 that grounds for the emergency risk protection order and warrant under this 33
226226 subchapter exist or that there is probable cause to believe that the grounds 34
227227 exist, the district court judge or circuit court judge shall issue an 35
228228 emergency risk protection order and warrant naming or describing the person, 36 HB1033
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231231 place, or thing to be searched, and what thing or things shall be seized or 1
232232 otherwise taken into custody. 2
233233 (2) If the search results in the discovery of a firearm 3
234234 possessed by the person who has been shown to pose a risk of imminent 4
235235 personal injury to himself, herself, or to another person, the law 5
236236 enforcement agency conducting the search shall take the firearm into custody. 6
237237 7
238238 12-15-406. Orders contained in emergency risk protection order and 8
239239 warrant. 9
240240 An emergency risk protection order and warrant issued under this 10
241241 subchapter shall: 11
242242 (1) Be directed to any certified law enforcement officer; 12
243243 (2) State the grounds or circumstances constituting probable 13
244244 cause for issuance of the emergency risk protection order and warrant; 14
245245 (3) Command the certified law enforcement officer to immediately 15
246246 search the person, place, or thing named in the emergency risk protection 16
247247 order and warrant for any firearm; and 17
248248 (4) Order the certified law enforcement officer to take any 18
249249 firearm located or discovered into the certified law enforcement officer's 19
250250 custody. 20
251251 21
252252 12-15-407. Copy of emergency risk protection order and warrant to be 22
253253 given to named person. 23
254254 A copy of an emergency risk protection order and warrant issued under 24
255255 this subchapter shall be given to the person named in the emergency risk 25
256256 protection order and warrant together with a notice informing the person that 26
257257 he or she has the right to a hearing under this subchapter and the right to 27
258258 be represented by an attorney at the hearing. 28
259259 29
260260 12-15-408. Hearing required. 30
261261 (a)(1)(A) No later than three (3) days after the execution of an 31
262262 emergency risk protection order and warrant issued under this subchapter, a 32
263263 court with jurisdiction shall hold a hearing to determine whether any firearm 33
264264 taken into custody should be returned to the person named in the emergency 34
265265 risk protection order and warrant or should continue to be held by the state. 35
266266 (B) The period of three (3) days under subdivision 36 HB1033
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269269 (a)(1)(A) of this section does not include a Saturday, Sunday, or holiday. 1
270270 (2)(A) A hearing is not required under this section if the 2
271271 person from whom the firearm was taken into custody voluntarily forfeits 3
272272 possession and ownership of the firearm. 4
273273 (B)(i) A firearm voluntarily forfeited under this 5
274274 subsection shall be held for thirty (30) days pending a claim of ownership of 6
275275 the firearm by another person, during which time the person claiming 7
276276 ownership may file a petition in a court with jurisdiction to determine 8
277277 whether or not the person claiming ownership is the true owner of the 9
278278 firearm. 10
279279 (ii) In a hearing to determine the true ownership of 11
280280 a firearm under this subdivision (a)(2)(B), the prosecuting attorney shall 12
281281 represent the law enforcement agency that has custody of the firearm. 13
282282 (iii) There is no filing fee required to file a 14
283283 petition under this subdivision (a)(2)(B). 15
284284 (iv) The court in which a petition is filed under 16
285285 this subdivision (a)(2)(B) shall return the firearm to the petitioner if the 17
286286 petitioner can show he or she is the true owner of the firearm by a 18
287287 preponderance of the evidence. 19
288288 (C) If after thirty (30) days a petition claiming 20
289289 ownership of the firearm has not been filed in a court with jurisdiction or 21
290290 if after a hearing on a petition the court with jurisdiction has determined 22
291291 that the petitioner has not proven true ownership of the firearm, the law 23
292292 enforcement agency that took the firearm into custody shall within forty -24
293293 eight (48) hours destroy the firearm. 25
294294 (b) At a hearing under this section, the state shall be represented by 26
295295 the prosecuting attorney and has the burden of proving all material facts by 27
296296 clear and convincing evidence. 28
297297 (c)(1)(A) If, after a hearing under this section, the court finds by 29
298298 clear and convincing evidence that the person from whom a firearm was taken 30
299299 into custody poses a risk of imminent personal injury to himself, herself, or 31
300300 to another person, the court may order that a firearm taken into custody 32
301301 under this subchapter continue to be held by the state for a period not to 33
302302 exceed one (1) year. 34
303303 (B) The person from whom the firearm was taken into 35
304304 custody may petition the court for the return of the firearm before the one -36 HB1033
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307307 year period of time has elapsed under § 12 -15-410. 1
308308 (2) If the court does not find by clear and convincing evidence 2
309309 that the person from whom a firearm was taken into custody poses a risk of 3
310310 imminent personal injury to himself, herself, or to another person, the court 4
311311 shall order the firearm taken into custody to be returned to the person named 5
312312 in the emergency risk protection order and warrant. 6
313313 (d)(1) If the court finds by clear and convincing evidence that the 7
314314 person whose firearm has been taken into custody poses a risk of imminent 8
315315 personal injury to himself, herself, or to another person, the court shall 9
316316 give notice to the prosecuting attorney and local law enforcement agencies 10
317317 with jurisdiction that the person may be in need of mental health services or 11
318318 other medical treatment. 12
319319 (2)(A) Upon receiving notice under this subsection, the 13
320320 prosecuting attorney may institute commitment proceedings under § 20 -47-201 14
321321 et seq. or § 20-64-801 et seq. if the prosecuting attorney has not done so 15
322322 already. 16
323323 (B) The findings of the court conducting a hearing under 17
324324 this section may form the required basis and factual predicate for any 18
325325 subsequent commitment proceeding under § 20 -47-201 et seq. or § 20-64-801 et 19
326326 seq. 20
327327 21
328328 12-15-409. Transfer of firearm permitted. 22
329329 (a) As used in this section, "eligible person" means a person who: 23
330330 (1) Does not reside with the person whose firearm has been taken 24
331331 into custody under this subchapter; 25
332332 (2) Agrees that the firearm shall not be returned to the person 26
333333 whose firearm has been taken into custody under this subchapter; 27
334334 (3) Swears under oath that the person whose firearm has been 28
335335 taken into custody shall not have access to the firearm; and 29
336336 (4) May lawfully possess the firearm. 30
337337 (b) A person whose firearm has been taken into custody under this 31
338338 subchapter, or the person's legal representative, may transfer ownership of 32
339339 the firearm as provided by law to an eligible person. 33
340340 (c) Upon written notification to the law enforcement agency, state 34
341341 agency, court, or other entity in possession of the firearm taken into 35
342342 custody by the person or the person's legal representative and the eligible 36 HB1033
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345345 person to whom ownership of the firearm was transferred, the law enforcement 1
346346 agency, state agency, court, or other entity holding the firearm taken into 2
347347 custody shall deliver within ten (10) days the firearm to the eligible person 3
348348 to whom ownership of the firearm was transferred. 4
349349 (d) An eligible person upon conviction is guilty of a Class A 5
350350 misdemeanor if he or she knowingly permits the person from whom the firearm 6
351351 was taken under this subchapter to possess or have access to the firearm 7
352352 after the transfer of ownership of the firearm within one (1) year of the 8
353353 transfer of the firearm. 9
354354 10
355355 12-15-410. Early return of firearm taken into custody. 11
356356 (a) A person who has had his or her firearm taken into custody under 12
357357 this subchapter may petition the court with jurisdiction for the early return 13
358358 of his or her firearm. 14
359359 (b) A person who has had his or her firearm taken into custody under 15
360360 this subchapter may not: 16
361361 (1) File a petition under this section more than two (2) times 17
362362 within any twelve-month period; or 18
363363 (2) File a petition under this section until at least four (4) 19
364364 months have passed since the court found that at that time the person posed a 20
365365 risk of imminent personal injury to himself, herself, or to another person 21
366366 and ordered the firearm taken into custody. 22
367367 (c)(1) There is no filing fee required for the first petition filed by 23
368368 a person under this section as to a specific emergency risk protection order 24
369369 and warrant taking the person's firearm into custody. 25
370370 (2) For a second petition filed under this section as to a 26
371371 specific emergency risk protection order and warrant taking the person's 27
372372 firearm into custody, the filing fee shall be as otherwise provided by law. 28
373373 (d)(1) A person may not file a petition under this section if at the 29
374374 time of filing he or she: 30
375375 (A) Is in custody or incarcerated for any reason or was 31
376376 arrested since an emergency risk protection order and warrant under this 32
377377 subchapter was issued against him or her for a felony offense or a 33
378378 misdemeanor offense involving the use of or threat of violence; 34
379379 (B) Is subject to a protective order under the Domestic 35
380380 Abuse Act of 1991, § 9 -15-101 et seq.; or 36 HB1033
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383383 (C) Has been involuntarily committed under § 20 -64-801 et 1
384384 seq. 2
385385 (2) A pending petition filed under this section shall be 3
386386 immediately dismissed by the court without a hearing if, after the date the 4
387387 petition was filed, the person: 5
388388 (A) Was arrested for a felony offense or a misdemeanor 6
389389 offense involving the use of or threat of violence; 7
390390 (B) Is subject to a protective order under the Domestic 8
391391 Abuse Act of 1991, § 9 -15-101 et seq.; or 9
392392 (C) Has been voluntarily or involuntarily committed under 10
393393 § 20-64-801 et seq. or admitted to a crisis intervention unit under the 11
394394 Behavioral Health Crisis Intervention Protocol Act of 2017, § 20 -47-801 et 12
395395 seq. 13
396396 (e) The court shall return the firearm taken into custody to the 14
397397 person from whom the firearm was taken if the person can show by a 15
398398 preponderance of the evidence that the person no longer poses a risk of 16
399399 imminent personal injury to himself, herself, or to another person. 17
400400 18
401401 12-15-411. Third-party civil liability. 19
402402 (a) As used in this section, "public employee" means a public employee 20
403403 employed in a law enforcement, judicial, social work, mental health, or 21
404404 medical capacity who is trained to identify, diagnose, investigate, or to 22
405405 intervene in threats to the public. 23
406406 (b)(1) A person who is not a public employee may be civilly liable to 24
407407 a person against whom this subchapter is applied if the person who is not a 25
408408 public employee knowingly makes a false report to a law enforcement agency or 26
409409 other governmental body with the purpose of improperly depriving the person 27
410410 against whom this subchapter is applied of his or her lawfully possessed 28
411411 firearm, including without limitation submitting an application under § 12 -29
412412 15-404 with the purpose of improperly depriving a person of his or her 30
413413 lawfully possessed firearm. 31
414414 (2) Damages in a civil lawsuit under subdivision (b)(1) of this 32
415415 section are limited to attorney's fees, costs of litigation, and compensatory 33
416416 damages that result directly from the deprivation of the person's firearm. 34
417417 35
418418 36