Kansas 2023-2024 Regular Session

Kansas House Bill HB2245

Introduced
1/31/23  
Refer
1/31/23  

Caption

Creating the gun violence restraining order act to authorize the issuance of protective orders prohibiting the acquisition and possession of firearms by certain individuals.

Impact

Should the bill be enacted, it would create a significant change in the way gun possession is regulated in the state, particularly concerning individuals identified as threats. By authorizing courts to impose firearm possession restrictions based on personal relationships and risk assessments, the law aims to enhance community safety and provide law enforcement with tools to manage potentially dangerous situations effectively. This change is expected to have a substantial impact on both victims concerned about potential gun violence and individuals at risk of gun-related self-harm or violence towards others.

Summary

House Bill 2245 establishes the Gun Violence Restraining Order Act in Kansas, which enables courts to issue protective orders against individuals deemed to pose a significant risk of personal injury to themselves or others due to firearm possession. The proposed legislation allows specific individuals, including spouses, former spouses, or close relatives of the individual in question, to request a court order for the seizure of firearms. The bill outlines the necessary procedural aspects for filing and issuing such orders, ensuring that those considered dangerous are prohibited from acquiring or holding firearms.

Contention

Despite its protective intentions, HB 2245 may also spark debate over potential infringements on Second Amendment rights. Critics might argue that the bill could lead to undue restrictions on individuals without adequate due process, as the orders can be issued based solely on perceived risks reported by close relationships. Supporters assert that measures like these are essential for preventing gun violence and protecting communities, framing the bill as a necessary step toward better public safety. The balance between safety and rights is likely to be a focal point in discussions surrounding this legislation.

Companion Bills

No companion bills found.

Previously Filed As

KS HB2198

Enacting the gun violence restraining order act to authorize the issuance of protective orders prohibiting the acquisition and possession of firearms by certain individuals.

KS AB667

Firearms: gun violence restraining orders.

KS AB2870

Firearms: gun violence restraining orders.

KS AB12

Firearms: gun violence restraining orders.

KS SB1200

Firearms: gun violence restraining orders.

KS AB2532

Firearms: gun violence restraining orders.

KS AB2617

Firearms: gun violence restraining orders.

KS AB36

Domestic violence protective orders: possession of a firearm.

KS SB320

Domestic violence protective orders: possession of a firearm.

KS AB61

Gun violence restraining orders.

Similar Bills

KS HB2198

Enacting the gun violence restraining order act to authorize the issuance of protective orders prohibiting the acquisition and possession of firearms by certain individuals.

MI HB4145

Civil procedure: injunctions; extreme risk protection order act; enact. Creates new act. TIE BAR WITH: HB 4146'23, HB 4147'23

MI SB0083

Civil procedure: injunctions; extreme risk protection order act; enact. Creates new act. TIE BAR WITH: HB 4146'23, HB 4147'23

RI S2833

Exempts out-of-state businesses and their employees performing services, during declared state or federal disasters or emergencies, from state or local business requirements, as well as state or local taxes or fees.

RI H7567

Provides that effective July 1, 2025, any attorney who self-certifies that they have successfully completed a specialized domestic violence prosecution training course shall have the authority to prosecute any violation of a protective order.

RI S0358

Domestic Assault

RI H5702

Domestic Assault

RI H5125

Permits the family court to award custody of household pets to the plaintiff in a domestic abuse complaint, including the enforcement remedy of a restraining order or other injunctive relief.