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Bill

Bill

HB 1700

Establishes the "Anti-Red Flag Gun Seizure Act"

2026 Regular Session Introduced by Mazzie Christensen and 3 co-sponsors

Missouri's Anti-Red Flag Gun Seizure Act prohibits enforcement of red flag orders and funding for such enforcement, creates civil penalties for violators, and waives sovereign immu

Referred: Emerging Issues(H)
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WeVote Research Nonpartisan
Bill Summary · HB 1700

Summary — HB 1700 (Document package contains multiple, non‑identical texts)

Note upfront: the provided document appears to bundle multiple different HB 1700 drafts and amendments from different states and sessions (materials concerning Arkansas, Illinois, Missouri, and other drafting fragments). The bill title you supplied — “Anti‑Red Flag Gun Seizure Act” — corresponds to a Missouri‑style enactment contained in the package, but the file also includes unrelated enacted/engrossed language amending Arkansas’ Prior Authorization Transparency Act and Illinois statutes on state deposits/public funds. Below is a concise, jurisdiction‑organized summary of the principal provisions found in the packet.

A. Missouri — “Anti‑Red Flag Gun Seizure Act” (text labeled Section A / RSMo §1.486)

Purpose
- Prohibits state/local enforcement of any “red flag” removal/confiscation orders or other measures that direct seizure or prohibition on possession of firearms, accessories, or ammunition issued by federal authorities or originating outside Missouri; declares such orders unenforceable in Missouri.

Key provisions
- Defines “red flag law” broadly to include federal/state statutes, rules, executive orders, or judicial orders that direct temporary/permanent seizure or prohibit possession/transfer of firearms, accessories, or ammunition.
- Bars state agencies, political subdivisions, and state/local law enforcement from enforcing such federal or out‑of‑state orders.
- Prohibits receipt of federal funds by state/local entities for enforcing such orders.
- Preserves law enforcement’s ability to seize firearms as evidence in investigations.
- Creates civil remedies: political subdivisions or agencies whose officers knowingly enforce a red flag law are liable to affected individuals and subject to a $50,000 civil penalty per occurrence; victims have standing for injunctive relief and damages; sovereign immunity is waived as a defense.
- Emergency clause: provision declared necessary for immediate effect.

Affected parties
- Missouri residents (especially those subject to firearms restrictions), state and local law enforcement agencies, federal agents operating in Missouri (federal agents not bound by the ban), and local governments (potential civil exposure).

Potential impact and legal considerations
- Could create direct conflict with federal court orders or federal law; raises potential preemption and constitutional litigation (Supremacy Clause, federal enforcement authority). It also imposes litigation/exposure risks and limits cooperation/funding tied to federal enforcement.

Status/timeline
- Legislative actions listed indicate passage and signature activity (see “Legislative Actions” section). An effective date of 9/1/2025 is recorded in the actions log.

B. Arkansas — Amendments to the Prior Authorization Transparency Act

Purpose
- Tightens disclosure and notice obligations for utilization review entities that issue adverse prior‑authorization determinations.

Key provisions
- Requires utilization review adverse‑determination notices that question medical necessity/appropriateness to include the name and telephone number of a physician licensed in Arkansas available for peer‑to‑peer discussion.
- Reviewing physicians must disclose name and license information when contacted.
- If a healthcare provider submits an audio recording demonstrating a violation of the disclosure requirement to the State Insurance Department, the requested prior authorization is “deemed approved” and the Department must direct the utilization review entity to immediately issue the authorization.
- Expands written/verbal notice content: reviewer name/title/phone, specialty/board status, states and license numbers, clinical criteria and internal rules relied upon, procedures to request reviewer reports, appeal instructions and contact info for regulatory boards.
- Requires subscribers receive a written notice explaining adverse determination rationale, how to request review reports, appeals information, and administrative complaint contacts; treats any request for prior‑authorization information as a formal request triggering these disclosures.

Affected parties
- Health insurers/utilization review entities, reviewing physicians, healthcare providers, patients/subscribers, State Insurance Department.

Potential impact
- Increases transparency and administrative burden on utilization review entities; may speed access where review rules are violated (deemed approval remedy); enhances peer‑to‑peer review opportunities.

Status
- The Arkansas text is shown as “As Engrossed” and includes amendments; procedural entries show committee actions and engrossment in spring 2025.

C. Illinois — Amendments to Deposit of State Moneys Act & Public Funds Investment Act (fragments)

Purpose
- Provides that the State Treasurer and public agencies may consider a financial institution’s ratings under the Illinois Community Reinvestment Act (ICRA) and federal CRA when deciding where to deposit State/public funds; effective provisions limit deposits to institutions with satisfactory/outstanding ICRA ratings beginning Jan 1, 2026 (with an exception if initial ICRA exam not yet completed).

Key provisions
- Treasurer/public agencies may consider historical/current CRA/ICRA ratings and other commitment‑to‑community factors when choosing depository institutions.
- Beginning Jan 1, 2026, no State/public funds may be deposited in institutions subject to ICRA unless they hold a satisfactory/outstanding rating or are pending initial ICRA examination.
- Authorizes preference for institutions with strong CRA/ICRA ratings; preserves confidentiality protections for regulator‑classified information.

Affected parties
- State Treasurer, public agencies, financial institutions (especially those evaluated under ICRA/CRA), community stakeholders.

Potential impact
- Could shift State/public deposits toward institutions with favorable community‑reinvestment ratings; affects banking relationships and may incentivize CRA/ICRA compliance.

Status
- Document includes engrossed/amended versions and an effective date stated as January 1, 2026 for the ICRA-related prohibitions.

Procedural / Status Notes

  • The packet mixes multiple jurisdictional bills all labeled HB 1700. Legislative action logs in the document show extensive activity (committee hearings, amendments, passages, signatures). One action log records “Signed by the Governor 2025‑06‑20; Effective 9/1/25” — this likely refers to the Missouri enactment in the packet. Other sections show “Act 638” and varied committee timelines for Arkansas and Illinois drafts.
  • Related bill listed: SB 397 (companion) — context not specified (likely refers to one of the state packages).

If you want, I can:
- Produce a focused one‑page summary limited to a single jurisdiction (e.g., Missouri only, or Arkansas only), or
- Extract the official enacted text and produce an analysis of legal and implementation questions for one of the provisions. Which would you prefer?

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

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