Concerning Firearm Hold Agreements; And To Provide Civil Immunity To A Federal Firearms Licensee Who Agrees To Hold A Firearm For An Individual.
Summary
HB1067 creates a new section of Arkansas law addressing “firearm hold agreements” between a federal firearms licensee and an individual firearm owner. Under the bill, a firearm hold agreement is a transaction in which the licensee takes physical possession of a lawfully possessed firearm at the owner’s request, keeps it for an agreed period, and then returns it under the terms of the agreement.
The bill grants civil immunity to a federal firearms licensee operating lawfully in Arkansas for acts or omissions arising from a firearm hold agreement, including injuries or death resulting from the return of the firearm at the end of the agreement. The immunity does not apply if the conduct was otherwise unlawful on the part of the licensee. The measure amends Arkansas Code Title 16, Chapter 120 by adding § 16-120-805 and does not appear to create a new criminal offense or regulate ownership generally; instead, it limits civil liability for participating dealers.
Impact
HB1067 changes Arkansas civil liability law by shielding federally licensed firearms dealers from lawsuits tied to firearm storage or temporary holding arrangements, so long as the dealer is operating lawfully. It affects federal firearms licensees, firearm owners who voluntarily use hold agreements, and potential plaintiffs in personal injury or wrongful death claims connected to the return or custody of a firearm. The bill adds a targeted immunity provision to the Arkansas Code rather than altering firearm possession rules statewide.
Sentiment
The available voting history suggests broad legislative support for the bill. It passed the House on third reading by a wide margin, 96-2, and later passed the Senate unanimously, 31-0. No committee transcript is available, but the vote totals indicate the measure was generally viewed favorably and without significant opposition in the recorded floor votes.
Contention
The main policy issue is the scope of civil immunity for federal firearms licensees. Supporters likely view the bill as encouraging safe temporary firearm storage or voluntary surrender arrangements by reducing liability exposure for dealers. Any concern would center on whether the immunity is too broad, especially because it covers injuries or death arising from the return of a firearm, though the bill preserves liability for otherwise unlawful conduct. The recorded votes show little formal resistance, with only two no votes in the House and none in the Senate.