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Bill

HB 1033

TO CREATE THE "ARKANSAS RED FLAG LAW"; AND TO CREATE AN EXTREME RISK PROTECTION ORDER AND WARRANT.

2025 Regular Session Introduced by Andrew Collins and 3 co-sponsors

Arkansas bill creates extreme risk protection orders allowing courts to temporarily remove firearms from individuals deemed high-risk of harm; withdrawn after committee study recommendation.

Recommended for study in the Interim by the Committee on JUDICIARY COMMITTEE- HOUSE
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Bill Summary · HB 1033

Legislative bill overview

HB 1033 would establish Arkansas's first "red flag" law, creating a legal mechanism called an Extreme Risk Protection Order (ERPO) that allows courts to temporarily remove firearms from individuals deemed to pose a significant risk of harm to themselves or others. The bill would also establish procedures for obtaining these orders through civil court proceedings and define the warrant process for firearm removal.

Why is this important

Red flag laws represent a significant policy approach to suicide and violence prevention, as firearms are involved in the majority of completed suicides and many mass casualty events. This bill addresses a public health and safety concern while raising fundamental questions about due process, property rights, and the appropriate balance between intervention and individual liberty in Arkansas.

Potential points of contention

  • Due Process Concerns: Questions about whether temporary removal of constitutionally protected property can be done fairly, including whether the standard of evidence, notice requirements, and appeal procedures provide adequate protection against abuse or error
  • Scope and Definitions: Ambiguity about what constitutes "extreme risk" and who can petition for orders (family members, healthcare providers, law enforcement, educators), potentially affecting different groups disparately
  • Implementation Challenges: Questions about enforcement costs, training requirements for courts and law enforcement, and whether the judicial system has capacity to handle petitions fairly and quickly

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

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