Stricken language would be deleted from and underlined language would be added to present law.
*CEB028* 11/20/2024 9:45:21 AM CEB028
State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1033 3
4
By: Representative A. Collins 5
6
7
For An Act To Be Entitled 8
AN ACT TO BE KNOWN AS THE "ARKANSAS RED FLAG LAW"; TO 9
CREATE AN EXTREME RISK PROTECTION ORDER AND WARRANT; 10
TO PROVIDE A RESTRICTION ON ACCESS TO A FIREARM FOR A 11
PERSON DEEMED TO POSE A RISK OF IMMINENT PERSONAL 12
INJURY TO HIMSELF OR HERSELF OR TO THE PUBLIC; AND 13
FOR OTHER PURPOSES. 14
15
16
Subtitle 17
TO CREATE THE "ARKANSAS RED FLAG LAW"; 18
AND TO CREATE AN EXTREME RISK PROTECTION 19
ORDER AND WARRANT. 20
21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
23
SECTION 1. Arkansas Code § 5 -54-122 is amended to read as follows: 24
5-54-122. Filing false report with law enforcement agency. 25
(a) As used in this section, “report” means any communication, either 26
written or oral, sworn or unsworn. 27
(b) A person commits the offense of filing a false report if he or she 28
files a report with any law enforcement agency or prosecuting attorney's 29
office of: 30
(1) any alleged Alleged criminal wrongdoing on the part of 31
another person knowing that the report is false ; or 32
(2) Conduct by another person that the reporting person alleges 33
should be investigated under the Arkansas Red Flag Law, § 12 -15-401 et seq., 34
knowing that the report to the law enforcement agency or prosecuting 35
attorney's office is false . 36 HB1033
2 11/20/2024 9:45:21 AM
(c)(1) Filing a false report is a Class D felony if: 1
(A) The alleged criminal wrongdoing is a capital offense, 2
Class Y felony, Class A felony, or Class B felony; 3
(B) The law enforcement agency or prosecuting attorney's 4
office to whom the false report is made has expended in excess of five 5
hundred dollars ($500) in order to investigate the false report, including 6
the costs of labor; 7
(C) Physical injury results to any person as a result of 8
the false report; 9
(D) The false report is made in an effort by the person 10
filing the false report to conceal his or her own criminal activity; 11
(E) The false report results in another person being 12
arrested or having his or her firearms taken from him or her under the 13
Arkansas Red Flag Law, § 12 -15-401 et seq.; or 14
(F) The false report alleges another person purposely 15
selected the victim of a crime because the victim was a member of or was 16
associated with a recognizable and identifiable group or class who share 17
mental, physical, biological, cultural, political, or religious beliefs or 18
characteristics, for the purpose of delayed release under § 5 -4-405. 19
(2) Otherwise, filing a false report is a Class A misdemeanor. 20
21
SECTION 2. Arkansas Code § 5 -73-103 is amended to read as follows: 22
5-73-103. Possession of firearms by certain persons. 23
(a) Except as provided in subsection (d) of this section or unless 24
authorized by and subject to such conditions as prescribed by the Governor , 25
or his or her designee, or by the United States Bureau of Alcohol, Tobacco, 26
Firearms, and Explosives , or other bureau or office designated by the United 27
States Department of Justice, no a person shall not possess or own any a 28
firearm who has been: 29
(1) Convicted Has been convicted of a felony; 30
(2) Adjudicated Has been adjudicated mentally ill; or 31
(3) Committed Has been committed involuntarily to any mental 32
institution; or 33
(4) Is currently restricted from possessing a firearm under the 34
Arkansas Red Flag Law, § 12 -15-401 et seq. 35
(b)(1) Except as provided in subdivisions (b)(2) and (3) of this 36 HB1033
3 11/20/2024 9:45:21 AM
section, a determination by a jury or a court that a person committed a 1
felony constitutes a conviction for purposes of subsection (a) of this 2
section even though the court suspended imposition of sentence or placed the 3
defendant on probation. 4
(2) Subdivision (b)(1) of this section does not apply to a 5
person whose case was dismissed and expunged or sealed under § 16-93-301 et 6
seq. or § 16-98-303(g). 7
(3) The determination by the jury or court that the person 8
committed a felony does not constitute a conviction for purposes of 9
subsection (a) of this section if the person is subsequently granted a pardon 10
explicitly restoring the ability to possess a firearm. 11
(c)(1) A person who violates subdivisions (a)(1)-(3) of this section 12
commits a Class B felony if: 13
(A) The person has a prior violent felony conviction; 14
(B) The person's current possession of a firearm involves 15
the commission of another crime; or 16
(C) The person has been previously convicted under this 17
section or a similar provision from another jurisdiction. 18
(2) A person who violates subdivisions (a)(1)-(3) of this 19
section commits a Class D felony if he or she has been previously convicted 20
of a felony and his or her present conduct or the prior felony conviction 21
does not fall within subdivision (c)(1) of this section. 22
(3) Otherwise, the person commits a violation of this section is 23
a Class A misdemeanor. 24
(d) The Governor may restore without granting a pardon the right of a 25
convicted felon or an adjudicated delinquent to own and possess a firearm 26
upon the recommendation of the chief law enforcement officer in the 27
jurisdiction in which the person resides, so long as the underlying felony or 28
delinquency adjudication: 29
(1) Did not involve the use of a weapon; and 30
(2) Occurred more than eight (8) years ago. 31
(e) As used in this section, “felony” means any state or federal 32
felony, excluding a federal or state felony offense for which the person 33
convicted has completed his or her sentence and pertaining to: 34
(1) An antitrust violation; 35
(2) An unfair trade practice; 36 HB1033
4 11/20/2024 9:45:21 AM
(3) Restraint of trade; or 1
(4) Another offense relating to the regulation of business 2
practices. 3
4
SECTION 3. Arkansas Code Title 12, Chapter 15, is amended to add an 5
additional subchapter to read as follows: 6
7
Subchapter 4 — Arkansas Red Flag Law 8
9
12-15-401. Title. 10
This subchapter shall be known and may be cited as the "Arkansas Red 11
Flag Law". 12
13
12-15-402. Legislative intent. 14
(a) The intent of this subchapter is to provide for a temporary 15
restriction of access to a firearm for a person who has demonstrated that he 16
or she poses a risk of imminent personal injury to himself, herself, or to 17
another person while providing the person with due process to contest the 18
restriction if the person can show that he or she does not pose a risk of 19
imminent personal injury to himself, herself, or to another person. 20
(b) Further, the General Assembly intends to provide for the return of 21
any firearm taken into custody to the person from whom the firearm was taken 22
either after a definite period of time or after the person has shown that he 23
or she no longer poses a risk of imminent personal injury to himself, 24
herself, or to another person. 25
26
12-15-403. Sworn affidavit required. 27
(a) Any two (2) certified law enforcement officers may swear under 28
oath by affidavit to a district court judge or circuit court judge that 29
probable cause exists to believe that: 30
(1) A person poses a risk of imminent personal injury to 31
himself, herself, or to another person; and 32
(2) The person possesses one (1) or more firearms. 33
(b) The certified law enforcement officers under subsection (a) of 34
this section shall not swear under oath by affidavit unless the certified law 35
enforcement officers have conducted an independent investigation and have 36 HB1033
5 11/20/2024 9:45:21 AM
determined that probable cause exists as described in subsection (a) of this 1
section and that there is no reasonable alternative available to prevent the 2
person from causing imminent personal injury with a firearm to himself, 3
herself, or to another person. 4
(c) The independent investigation under this section may be initiated: 5
(1) In response to an application for an emergency risk 6
protection order and warrant under § 12 -15-404; or 7
(2) By one (1) or more law enforcement officers if there is a 8
belief the investigation is warranted. 9
10
12-15-404. Filing application and supporting documents. 11
(a) Any person who believes an emergency risk protection order and 12
warrant is warranted under this subchapter may file an application under this 13
section. 14
(b)(1) An applicant for an emergency risk protection order and warrant 15
issued under this subchapter shall file a copy of the application for the 16
emergency risk protection order and warrant and all affidavits upon which the 17
emergency risk protection order and warrant are based with the clerk of the 18
district court or circuit court, as applicable. 19
(2) If an application for an emergency risk protection order and 20
warrant is filed before obtaining all affidavits upon which the emergency 21
risk protection order and warrant are based: 22
(A) The application shall be forwarded to the appropriate 23
law enforcement officers as determined by the clerk of the district court or 24
circuit court, as applicable; and 25
(B) If an independent investigation occurs and results in 26
the execution of affidavits under § 12 -15-403, the affidavits shall be filed 27
with the clerk of the district court or circuit clerk, as appropriate, and 28
attached to the application for an emergency risk protection order and 29
warrant. 30
(c) Before the execution and return of an emergency risk protection 31
order and warrant issued under this subchapter, the clerk of the district 32
court or circuit court, as applicable, shall not disclose any information 33
pertaining to the application for the emergency risk protection order and 34
warrant or any affidavits upon which the emergency risk protection order and 35
warrant are based. 36 HB1033
6 11/20/2024 9:45:21 AM
(d) An emergency risk protection order and warrant issued under this 1
subchapter shall be executed and returned with reasonable promptness 2
consistent with due process of law and shall be accompanied by a written 3
inventory of all firearms taken into custody. 4
5
12-15-405. Issuance of emergency risk protection order and warrant by 6
judge — Grounds and findings. 7
(a) A district court judge or circuit court judge may only issue an 8
emergency risk protection order and warrant under this subchapter if the 9
sworn affidavit under § 12 -15-403 establishes the required grounds for 10
issuing the emergency risk protection order and warrant. 11
(b) In determining whether grounds for the emergency risk protection 12
order and warrant exist or whether there is probable cause to believe the 13
grounds exist, the district court judge or circuit court judge shall consider 14
any recent: 15
(1) Threat or act of violence by the person directed toward 16
another person; and 17
(2) Threat or act of violence by the person directed toward 18
himself or herself. 19
(c) When evaluating under this section whether the recent threat or 20
act of violence constitutes probable cause to believe that the person poses a 21
risk of imminent personal injury to himself, herself, or to another person, 22
the district court judge or circuit court judge may consider other factors, 23
including without limitation: 24
(1) The reckless use, display, or brandishing of a firearm by 25
the person; 26
(2) A history of the use, attempted use, or threatened use of 27
physical force by the person against another person; and 28
(3) Prior involuntary confinement of the person in a mental 29
health facility or other medical facility where the person received treatment 30
for a mental health condition. 31
(d)(1) If the district court judge or circuit court judge is satisfied 32
that grounds for the emergency risk protection order and warrant under this 33
subchapter exist or that there is probable cause to believe that the grounds 34
exist, the district court judge or circuit court judge shall issue an 35
emergency risk protection order and warrant naming or describing the person, 36 HB1033
7 11/20/2024 9:45:21 AM
place, or thing to be searched, and what thing or things shall be seized or 1
otherwise taken into custody. 2
(2) If the search results in the discovery of a firearm 3
possessed by the person who has been shown to pose a risk of imminent 4
personal injury to himself, herself, or to another person, the law 5
enforcement agency conducting the search shall take the firearm into custody. 6
7
12-15-406. Orders contained in emergency risk protection order and 8
warrant. 9
An emergency risk protection order and warrant issued under this 10
subchapter shall: 11
(1) Be directed to any certified law enforcement officer; 12
(2) State the grounds or circumstances constituting probable 13
cause for issuance of the emergency risk protection order and warrant; 14
(3) Command the certified law enforcement officer to immediately 15
search the person, place, or thing named in the emergency risk protection 16
order and warrant for any firearm; and 17
(4) Order the certified law enforcement officer to take any 18
firearm located or discovered into the certified law enforcement officer's 19
custody. 20
21
12-15-407. Copy of emergency risk protection order and warrant to be 22
given to named person. 23
A copy of an emergency risk protection order and warrant issued under 24
this subchapter shall be given to the person named in the emergency risk 25
protection order and warrant together with a notice informing the person that 26
he or she has the right to a hearing under this subchapter and the right to 27
be represented by an attorney at the hearing. 28
29
12-15-408. Hearing required. 30
(a)(1)(A) No later than three (3) days after the execution of an 31
emergency risk protection order and warrant issued under this subchapter, a 32
court with jurisdiction shall hold a hearing to determine whether any firearm 33
taken into custody should be returned to the person named in the emergency 34
risk protection order and warrant or should continue to be held by the state. 35
(B) The period of three (3) days under subdivision 36 HB1033
8 11/20/2024 9:45:21 AM
(a)(1)(A) of this section does not include a Saturday, Sunday, or holiday. 1
(2)(A) A hearing is not required under this section if the 2
person from whom the firearm was taken into custody voluntarily forfeits 3
possession and ownership of the firearm. 4
(B)(i) A firearm voluntarily forfeited under this 5
subsection shall be held for thirty (30) days pending a claim of ownership of 6
the firearm by another person, during which time the person claiming 7
ownership may file a petition in a court with jurisdiction to determine 8
whether or not the person claiming ownership is the true owner of the 9
firearm. 10
(ii) In a hearing to determine the true ownership of 11
a firearm under this subdivision (a)(2)(B), the prosecuting attorney shall 12
represent the law enforcement agency that has custody of the firearm. 13
(iii) There is no filing fee required to file a 14
petition under this subdivision (a)(2)(B). 15
(iv) The court in which a petition is filed under 16
this subdivision (a)(2)(B) shall return the firearm to the petitioner if the 17
petitioner can show he or she is the true owner of the firearm by a 18
preponderance of the evidence. 19
(C) If after thirty (30) days a petition claiming 20
ownership of the firearm has not been filed in a court with jurisdiction or 21
if after a hearing on a petition the court with jurisdiction has determined 22
that the petitioner has not proven true ownership of the firearm, the law 23
enforcement agency that took the firearm into custody shall within forty -24
eight (48) hours destroy the firearm. 25
(b) At a hearing under this section, the state shall be represented by 26
the prosecuting attorney and has the burden of proving all material facts by 27
clear and convincing evidence. 28
(c)(1)(A) If, after a hearing under this section, the court finds by 29
clear and convincing evidence that the person from whom a firearm was taken 30
into custody poses a risk of imminent personal injury to himself, herself, or 31
to another person, the court may order that a firearm taken into custody 32
under this subchapter continue to be held by the state for a period not to 33
exceed one (1) year. 34
(B) The person from whom the firearm was taken into 35
custody may petition the court for the return of the firearm before the one -36 HB1033
9 11/20/2024 9:45:21 AM
year period of time has elapsed under § 12 -15-410. 1
(2) If the court does not find by clear and convincing evidence 2
that the person from whom a firearm was taken into custody poses a risk of 3
imminent personal injury to himself, herself, or to another person, the court 4
shall order the firearm taken into custody to be returned to the person named 5
in the emergency risk protection order and warrant. 6
(d)(1) If the court finds by clear and convincing evidence that the 7
person whose firearm has been taken into custody poses a risk of imminent 8
personal injury to himself, herself, or to another person, the court shall 9
give notice to the prosecuting attorney and local law enforcement agencies 10
with jurisdiction that the person may be in need of mental health services or 11
other medical treatment. 12
(2)(A) Upon receiving notice under this subsection, the 13
prosecuting attorney may institute commitment proceedings under § 20 -47-201 14
et seq. or § 20-64-801 et seq. if the prosecuting attorney has not done so 15
already. 16
(B) The findings of the court conducting a hearing under 17
this section may form the required basis and factual predicate for any 18
subsequent commitment proceeding under § 20 -47-201 et seq. or § 20-64-801 et 19
seq. 20
21
12-15-409. Transfer of firearm permitted. 22
(a) As used in this section, "eligible person" means a person who: 23
(1) Does not reside with the person whose firearm has been taken 24
into custody under this subchapter; 25
(2) Agrees that the firearm shall not be returned to the person 26
whose firearm has been taken into custody under this subchapter; 27
(3) Swears under oath that the person whose firearm has been 28
taken into custody shall not have access to the firearm; and 29
(4) May lawfully possess the firearm. 30
(b) A person whose firearm has been taken into custody under this 31
subchapter, or the person's legal representative, may transfer ownership of 32
the firearm as provided by law to an eligible person. 33
(c) Upon written notification to the law enforcement agency, state 34
agency, court, or other entity in possession of the firearm taken into 35
custody by the person or the person's legal representative and the eligible 36 HB1033
10 11/20/2024 9:45:21 AM
person to whom ownership of the firearm was transferred, the law enforcement 1
agency, state agency, court, or other entity holding the firearm taken into 2
custody shall deliver within ten (10) days the firearm to the eligible person 3
to whom ownership of the firearm was transferred. 4
(d) An eligible person upon conviction is guilty of a Class A 5
misdemeanor if he or she knowingly permits the person from whom the firearm 6
was taken under this subchapter to possess or have access to the firearm 7
after the transfer of ownership of the firearm within one (1) year of the 8
transfer of the firearm. 9
10
12-15-410. Early return of firearm taken into custody. 11
(a) A person who has had his or her firearm taken into custody under 12
this subchapter may petition the court with jurisdiction for the early return 13
of his or her firearm. 14
(b) A person who has had his or her firearm taken into custody under 15
this subchapter may not: 16
(1) File a petition under this section more than two (2) times 17
within any twelve-month period; or 18
(2) File a petition under this section until at least four (4) 19
months have passed since the court found that at that time the person posed a 20
risk of imminent personal injury to himself, herself, or to another person 21
and ordered the firearm taken into custody. 22
(c)(1) There is no filing fee required for the first petition filed by 23
a person under this section as to a specific emergency risk protection order 24
and warrant taking the person's firearm into custody. 25
(2) For a second petition filed under this section as to a 26
specific emergency risk protection order and warrant taking the person's 27
firearm into custody, the filing fee shall be as otherwise provided by law. 28
(d)(1) A person may not file a petition under this section if at the 29
time of filing he or she: 30
(A) Is in custody or incarcerated for any reason or was 31
arrested since an emergency risk protection order and warrant under this 32
subchapter was issued against him or her for a felony offense or a 33
misdemeanor offense involving the use of or threat of violence; 34
(B) Is subject to a protective order under the Domestic 35
Abuse Act of 1991, § 9 -15-101 et seq.; or 36 HB1033
11 11/20/2024 9:45:21 AM
(C) Has been involuntarily committed under § 20 -64-801 et 1
seq. 2
(2) A pending petition filed under this section shall be 3
immediately dismissed by the court without a hearing if, after the date the 4
petition was filed, the person: 5
(A) Was arrested for a felony offense or a misdemeanor 6
offense involving the use of or threat of violence; 7
(B) Is subject to a protective order under the Domestic 8
Abuse Act of 1991, § 9 -15-101 et seq.; or 9
(C) Has been voluntarily or involuntarily committed under 10
§ 20-64-801 et seq. or admitted to a crisis intervention unit under the 11
Behavioral Health Crisis Intervention Protocol Act of 2017, § 20 -47-801 et 12
seq. 13
(e) The court shall return the firearm taken into custody to the 14
person from whom the firearm was taken if the person can show by a 15
preponderance of the evidence that the person no longer poses a risk of 16
imminent personal injury to himself, herself, or to another person. 17
18
12-15-411. Third-party civil liability. 19
(a) As used in this section, "public employee" means a public employee 20
employed in a law enforcement, judicial, social work, mental health, or 21
medical capacity who is trained to identify, diagnose, investigate, or to 22
intervene in threats to the public. 23
(b)(1) A person who is not a public employee may be civilly liable to 24
a person against whom this subchapter is applied if the person who is not a 25
public employee knowingly makes a false report to a law enforcement agency or 26
other governmental body with the purpose of improperly depriving the person 27
against whom this subchapter is applied of his or her lawfully possessed 28
firearm, including without limitation submitting an application under § 12 -29
15-404 with the purpose of improperly depriving a person of his or her 30
lawfully possessed firearm. 31
(2) Damages in a civil lawsuit under subdivision (b)(1) of this 32
section are limited to attorney's fees, costs of litigation, and compensatory 33
damages that result directly from the deprivation of the person's firearm. 34
35
36