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HB 1033

CITIZEN LAW ENFORCEMENT ACT

104th Regular Session Introduced by John Cabello and 2 co-sponsors

Arkansas' Red Flag Law allows law enforcement to temporarily restrict firearm access for individuals posing imminent risks, enhancing public safety while ensuring due process.

Added Chief Co-Sponsor Rep. Norine K. Hammond
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WeVote Research Nonpartisan
Bill Summary · HB 1033

Summary of House Bill 1033: Arkansas Red Flag Law

Bill Information:
- Bill Number: HB 1033
- Title: Relating to Public Employment Cost Items
- Status: Act 036, enacted on May 13, 2025
- Introduced: November 20, 2024
- Classification: Bill
- Subject: Appropriations ($), BU-7, Public Employment Cost Items

Purpose and Intent

House Bill 1033, known as the "Arkansas Red Flag Law," aims to establish a legal framework for issuing Extreme Risk Protection Orders (ERPOs). The primary intent is to temporarily restrict access to firearms for individuals deemed to pose an imminent risk of personal injury to themselves or others. This legislation seeks to balance public safety with due process rights for those affected by such orders.

Key Provisions

  1. Extreme Risk Protection Orders:

    • The law allows certified law enforcement officers to petition a district or circuit court for an ERPO if they believe an individual poses a risk of imminent personal injury.
    • The petition must be supported by a sworn affidavit from at least two certified officers who have conducted an independent investigation.

  2. Filing False Reports:

    • The bill amends existing laws to classify filing a false report related to the Arkansas Red Flag Law as a Class D felony under specific circumstances, including if the false report results in another person losing their firearms.

  3. Possession of Firearms:

    • The law restricts firearm possession for individuals who have been adjudicated mentally ill, committed involuntarily to a mental institution, or are subject to an ERPO.
    • The Governor may restore firearm rights to certain individuals under specific conditions.

  4. Due Process:

    • Individuals subject to an ERPO have the right to contest the order in court, ensuring that they can demonstrate they do not pose a risk of imminent harm.

  5. Return of Firearms:

    • The legislation outlines procedures for the return of firearms to individuals once they are no longer deemed a risk.

Impact

  • Affected Individuals: The law primarily affects individuals who may be at risk of self-harm or harming others, as well as law enforcement agencies responsible for enforcing the order.
  • Public Safety: The legislation aims to enhance public safety by providing a mechanism to temporarily remove firearms from individuals posing a risk.
  • Legal Framework: It establishes a clear legal process for both the issuance of ERPOs and the penalties for filing false reports, thereby reinforcing accountability.

Procedural Aspects

  • Legislative Timeline:

    • Introduced on November 20, 2024.
    • Passed through various readings and amendments, including a significant amendment on January 16, 2025.
    • The bill was reported correctly engrossed and passed final readings in both the House and Senate before being signed into law on May 13, 2025.

  • Related Legislation: HB 1033 is associated with Senate Bill 1352, which serves as its companion bill.

This summary provides an overview of House Bill 1033, detailing its purpose, key provisions, and the impact it aims to achieve in the context of public safety and individual rights in Arkansas.

Compiled from official sources — confirm details with the bill’s official record.

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