KS
Kansas House Bill HB2245

Kansas 2023-2024 Regular Session

Kansas House Bill HB2245 Compare Versions

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11 Session of 2023
22 HOUSE BILL No. 2245
33 By Representatives Ballard, Amyx, Featherston, Haswood, Highberger, Martinez,
44 Meyer,
55 1-31
66 AN ACT concerning firearms; creating the gun violence restraining order
77 act; authorizing the issuance of protective orders prohibiting the
88 acquisition and possession of firearms by certain individuals.
99 Be it enacted by the Legislature of the State of Kansas:
1010 Section 1. (a) Sections 1 through 8, and amendments thereto, shall be
1111 known and may be cited as the gun violence restraining order act.
1212 (b) As used in the gun violence restraining order act:
1313 (1) "Dating relationship" means a relationship that consists of
1414 frequent, intimate associations primarily characterized by the expectation
1515 of affectional involvement. "Dating relationship" does not include a casual
1616 relationship or an ordinary fraternization between two individuals in a
1717 business or social context.
1818 (2) "Defendant" means the person against whom a gun violence
1919 restraining order is requested in an action under section 2, and
2020 amendments thereto.
2121 (3) "Family member" means an individual who is related to the
2222 defendant as any of the following: A parent, son or daughter, sibling,
2323 grandparent, grandchild, uncle, aunt or first cousin.
2424 (4) "Federal law enforcement officer" means an officer or agent
2525 employed by a law enforcement agency of the United States government
2626 whose primary responsibility is the enforcement of laws of the United
2727 States.
2828 (5) "Gun violence restraining order" means an order issued by a court
2929 under section 4, and amendments thereto.
3030 (6) "Plaintiff" means the individual who requests a gun violence
3131 restraining order in an action under section 2, and amendments thereto.
3232 (7) "Restrained individual" means the individual against whom a gun
3333 restraining order has been issued and is in effect.
3434 Sec. 2. (a) Any of the following individuals may file an action with
3535 the district court requesting the court to enter a gun violence restraining
3636 order pursuant to the gun violence restraining order act:
3737 (1) The spouse of the defendant;
3838 (2) a former spouse of the defendant;
3939 (3) an individual who has a child in common with the defendant;
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7575 (4) an individual who has or has had a dating relationship with the
7676 defendant;
7777 (5) an individual who resides or has resided in the same household
7878 with the individual;
7979 (6) a family member; or
8080 (7) another individual who has a close relationship with the
8181 defendant.
8282 If the plaintiff files a complaint under this paragraph, the plaintiff shall
8383 state in the complaint sufficient facts to allow the court to determine
8484 whether the individual has a close relationship with the defendant.
8585 (b) An individual who files an action under this section shall do so by
8686 filing a summons and complaint on forms approved by the judicial
8787 council. The complaint shall state facts that demonstrate that the issuance
8888 of a gun violence restraining order is necessary because the defendant
8989 poses a significant risk of personal injury to self or others by possessing a
9090 firearm.
9191 (c) If the plaintiff knows that the defendant is issued a license to carry
9292 a concealed weapon and is required to carry a weapon as a condition of
9393 such plaintiff's employment, the plaintiff shall state such condition of
9494 employment in the complaint.
9595 (d) If the plaintiff requests the court to issue an order seizing firearms
9696 owned by the defendant, the plaintiff shall identify the firearms that the
9797 plaintiff knows are in the possession of the defendant.
9898 Sec. 3. (a) In an action under section 2, and amendments thereto, the
9999 court may issue a gun violence restraining order if the court determines
100100 that there is reasonable cause to believe that the defendant poses a
101101 significant risk of personal injury to self or others by possessing a firearm.
102102 In determining whether reasonable cause exists, the court shall consider all
103103 of the following:
104104 (1) Testimony, documents, or other evidence offered in support of the
105105 request for the gun violence restraining order;
106106 (2) whether the defendant has previously inflicted or threatened to
107107 inflict personal injury on self or others; and
108108 (3) any other facts that the court believes are relevant.
109109 (b) If the plaintiff in an action filed under section 2, and amendments
110110 thereto, is not an individual described in section (2)(a)(1) through (6), and
111111 amendments thereto, the court shall not issue the gun violence restraining
112112 order unless the court determines that the plaintiff has a close enough
113113 relationship with the defendant to justify the issuance of the order.
114114 (c) The court in an action under section 2, and amendments thereto,
115115 may issue a gun violence restraining order without written or oral notice to
116116 the defendant if the court determines that clear and convincing evidence
117117 has been submitted under oath or affirmation that irreparable injury will
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161161 result from the delay required to effectuate notice or that the notice will
162162 itself precipitate adverse action before a gun violence restraining order can
163163 be issued.
164164 (d) A restrained individual under an order issued under subsection (c)
165165 may file a motion to modify or rescind the order and request a hearing.
166166 The motion to modify or rescind the order must be filed within 14 days
167167 after the order is served on the restrained individual or after the restrained
168168 individual receives actual notice of the order, unless good cause is shown
169169 for filing the motion after the 14 days have elapsed.
170170 (e) The court shall conduct a hearing on a motion under subsection
171171 (d) within 14 days after the motion is filed. If the restrained individual is
172172 an individual described in section 2(d), and amendments thereto, the court
173173 shall conduct a hearing on a motion under subsection (d) within five days
174174 after the motion is filed.
175175 Sec. 4. (a) If the court determines under section 3, and amendments
176176 thereto, that a gun violence restraining order is to be issued, the court shall
177177 include all of the following provisions in the order:
178178 (1) That the restrained individual shall not purchase or possess a
179179 firearm;
180180 (2) a statement that the restrained individual may file a motion to
181181 modify or rescind the order and request a hearing within 14 days after the
182182 restrained individual is served with or receives actual notice of the order
183183 and that motion forms and filing instructions are available from the clerk
184184 of the court, if such order is issued under section 3, and amendments
185185 thereto;
186186 (3) a statement that violation of the order will subject the restrained
187187 individual to immediate arrest and the civil and criminal contempt powers
188188 of the court; and
189189 (4) an expiration date that is not more than one year from the date of
190190 issuance.
191191 (b) In the discretion of the court, a gun violence restraining order may
192192 include an order to a law enforcement agency to seize firearms in the
193193 possession of the restrained individual. An order issued under this
194194 subsection shall specifically describe the firearms to be seized. The court
195195 may also order that a law enforcement agency seizing firearms under this
196196 subsection may seize any other firearms discovered that belong to or are in
197197 the possession of the restrained individual.
198198 (c) A gun violence restraining order is effective and enforceable
199199 immediately after it is served on the restrained individual or after the
200200 restrained individual receives actual notice of the order. The order may be
201201 enforced anywhere in this state by a law enforcement agency that receives
202202 a true copy of the order, is shown a copy of it or has verified its existence.
203203 Sec. 5. A court that issues a gun violence restraining order shall do all
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247247 of the following immediately after issuance and without requiring a proof
248248 of service on the restrained individual:
249249 (a) Provide a true copy of the order to the law enforcement agency
250250 designated under section 4, and amendments thereto; and
251251 (b) provide the plaintiff with at least two true copies of the order.
252252 (c) If the restrained individual is identified in the complaint as an
253253 individual described in section 2, and amendments thereto, notify the
254254 individual's employer, if known, of the existence of the order.
255255 Sec. 6. (a) A gun violence restraining order shall be served on the
256256 restrained individual by any method. If the restrained individual has not
257257 been served, a law enforcement officer or clerk of the court who knows
258258 that the order exists may, at any time, serve the restrained individual with a
259259 true copy of the order or advise the restrained individual of the existence
260260 of the order, the specific conduct enjoined, the penalties for violating the
261261 order and where the restrained individual may obtain a copy of the order.
262262 (b) The person who serves a gun violence restraining order or gives
263263 oral notice of the order shall file proof of service or proof of oral notice
264264 with the clerk of the court that issued the order.
265265 (c) The clerk of the court shall immediately notify the law
266266 enforcement agency designated under section 4, and amendments thereto,
267267 if either of the following occurs:
268268 (1) The clerk of the court receives proof that the restrained individual
269269 has been served; or
270270 (2) the order is rescinded, modified or extended.
271271 Sec. 7. (a) If a gun violence restraining order has not been served on
272272 the restrained individual, a law enforcement agency or officer responding
273273 to a call alleging a violation of the order shall serve the restrained
274274 individual with a true copy of the order or advise the restrained individual
275275 of the existence of the order, the specific conduct enjoined, the penalties
276276 for violating the order and where the restrained individual may obtain a
277277 copy of the order.
278278 (b) Except as provided in subsection (c), the law enforcement officer
279279 shall enforce the order and immediately enter or cause to be entered into
280280 the law enforcement information network that the restrained individual has
281281 actual notice of the order. The law enforcement officer also shall comply
282282 with section 6, and amendments thereto.
283283 (c) The law enforcement officer shall give the restrained individual an
284284 opportunity to comply with the gun violence restraining order before the
285285 law enforcement officer makes a custodial arrest for violation of the order.
286286 The failure by the restrained individual to immediately comply with the
287287 order is grounds for an immediate custodial arrest.
288288 (d) The law enforcement agency ordered to seize a firearm under
289289 section 4, and amendments thereto, may seize any firearm identified in the
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333333 order from any place or from any individual who has possession of such
334334 firearms.
335335 (e) The law enforcement agency may also seize any other firearms
336336 discovered that are owned by or in the possession of the restrained
337337 individual if so provided in the gun violence restraining order, or if
338338 allowed under other applicable law.
339339 (f) A law enforcement officer who seizes any firearm under this
340340 section shall give a receipt for the firearm to the individual from whom it
341341 was taken, specifying the firearm in detail. If no individual is present at the
342342 time of seizure, the officer shall leave the receipt in the place where such
343343 officer found such firearms.
344344 (g) The law enforcement agency that seizes a firearm under this
345345 section shall retain the firearm subject to an order of the court that issued
346346 the gun violence restraining order under which the firearm was seized. In
347347 addition to any other order that the court determines is appropriate, the
348348 court shall order that the firearm be returned to the restrained individual
349349 when the restrained individual is no longer prohibited from owning a
350350 firearm or that the firearm be transferred to a federally licensed firearm
351351 dealer if the restrained individual sells or transfers ownership of the
352352 firearm to such dealer.
353353 (h) If the location to be searched during the seizure of a firearm under
354354 this section is jointly occupied by multiple individuals, and a firearm is
355355 located during the search, and it is determined that the firearm is owned by
356356 an individual other than the restrained individual, the law enforcement
357357 agency shall not seize the firearm if all of the following conditions are
358358 satisfied:
359359 (1) The firearm is stored so that the restrained individual does not
360360 have access to or control of the firearm; and
361361 (2) there is no evidence of unlawful possession of the firearm by the
362362 owner.
363363 (i) If the location to be searched during the seizure of a firearm under
364364 this section is jointly occupied by multiple individuals, and a gun safe is
365365 located at the location, and it is determined that the gun safe is owned by
366366 an individual other than the restrained individual and a valid search
367367 warrant has not been obtained, the law enforcement agency shall not
368368 search the gun safe except in the owner's presence or with the owner's
369369 consent.
370370 (j) If any individual other than the restrained individual claims title to
371371 a firearm seized under this section, the firearm shall be returned to the
372372 claimant if the court determines that the claimant is the lawful owner.
373373 Sec. 8. (a) The plaintiff may move the court to issue, or the court on
374374 its own motion may issue, one or more extended gun violence restraining
375375 orders, each effective for up to one year after the expiration of the
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419419 preceding order. The court shall only issue an extended order if there is
420420 probable cause to believe that the restrained individual continues to pose a
421421 significant risk of personal injury to self or others by possessing a firearm.
422422 The plaintiff or the court, as applicable, shall give the restrained individual
423423 written notice of a hearing on a motion to extend the order.
424424 (b) An individual who refuses or fails to comply with a gun violence
425425 restraining order is subject to the criminal contempt powers of the court. A
426426 plaintiff who knowingly makes a false statement to the court in the
427427 complaint or in support of the complaint is subject to the contempt powers
428428 of the court.
429429 Sec. 9. This act shall take effect and be in force from and after its
430430 publication in the Kansas register.
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