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House committee approves bill shielding licensed dealers who temporarily store guns for people in crisis
Summary
The House Judiciary Committee approved House Bill 1067 to provide civil-immunity for federally licensed firearm dealers who enter firearm-hold agreements and store guns for people at risk; the bill includes an exception for unlawful conduct and requires dealers to follow federal recordkeeping and background-check rules when returning firearms.
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The House Judiciary Committee voted to pass House Bill 1067 as amended, a bill to limit civil liability for federally licensed firearms dealers who agree to hold and securely store a person's firearms under a private firearm-hold agreement. Representative Zach Gramlich presented the bill and said it is intended to allow dealers to assist people at risk of suicide or crisis without fear of civil suits.
"You may need a place to take those weapons, who can store them for you in a safe way," Gramlich said in his presentation, describing scenarios in which an individual or family might ask an FFL to hold firearms temporarily. Karen Pantello, chairman of the board of the American Foundation for Suicide Prevention, and Nathan House, owner of Arkansas Armory, testified at the table in support.
The bill protects a federal firearms licensee "operating lawfully in the state" from civil liability arising from a firearm-hold agreement, committee members were told. Representatives questioned the scope of "arising from" language and whether immunity would extend to negligent or reckless storage. Nathan House said licensed dealers are required to follow ATF regulations for secure storage and that criminal violations would remain prosecutable. "If we were to do something illegal with a firearm while it was in our possession, then we would be criminally liable under federal law," House said.
Representative Clowney and Representative Collins pressed for clarity on whether the immunity would shield dealers for negligent or reckless conduct; committee members noted the bill includes an exception that denies immunity for otherwise unlawful conduct and that the protection applies while the firearm is in the dealer's possession and after the hold agreement ends. Representative Richardson asked whether the immunity only applies after return of the firearm; Gramlich said the intent is to protect lawful storage and to protect a dealer who returns a firearm lawfully but is later sued by the owner.
Committee members also discussed how a returned firearm must be processed: a dealer must log firearms in acquisition/disposition records and the recipient must pass a federal background check and complete the ATF sale/disposition form (Form 4473) before the dealer can transfer the firearm back. Committee members heard that a nonprofit called the Armory Project provides model contracts and education to dealers who choose to participate.
Supporters said the bill would allow dealers to accept firearms from veterans, first responders and other people in crisis and safely store them rather than forcing owners to sell or abandon firearms. "We would have the confidence of knowing that they were taken care of and that they wouldn't be confiscated," Karen Pantello said, recounting the experience of a veteran she counseled.
Representative Gramlich closed and the committee adopted an amendment to the bill and then approved the motion to do pass as amended by voice vote. The transcript records voice votes: "Aye" and "The ayes have it."
