Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 adam.c.proffitt@ks.gov
Topeka, KS 66612 http://budget.kansas.gov
Adam C. Proffitt, Director Laura Kelly, Governor
Division of the Budget
March 3, 2025
The Honorable Tom Kessler, Chairperson
House Committee on Federal and State Affairs
300 SW 10th Avenue, Room 346-S
Topeka, Kansas 66612
Dear Representative Kessler:
SUBJECT: Fiscal Note for HB 2167 by House Committee on Federal and State Affairs
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2167 is
respectfully submitted to your committee.
HB 2167 would create the crime of unlawful storage of a firearm and establish criminal
penalties for violations. The bill would require that firearms, rifles, shotguns, large capacity
magazine firearms, and machine guns be secured in a locked container or equipped with a tamper-
resistant mechanical lock or other safety device, properly engaged to prevent use by anyone other
than the owner or authorized user. Similarly, stun guns would also need to be secured in a locked
container accessible only to the owner or authorized user.
The bill would make it unlawful to store rifles or shotguns in areas where persons younger
than 18 years of age could access them. If the firearm is a large-capacity firearm or machine gun,
storing it in a place where a minor could have access would be classified as a severity level 9,
nonperson felony. Storing other types of firearms in areas accessible to minors would result in a
Class A nonperson misdemeanor.
The bill would also provide that violations of the storage requirements would be considered
evidence of wanton or reckless conduct if a minor acquires access to a weapon and such access
results in injury or death, unless the minor was a trespasser. The bill would exclude firearms that
use matchlocks, flintlocks, or similar ignition systems manufactured before 1899, or replicas that
do not use modern ammunition. The bill would take effect on July 1, 2025.
The Board of Indigents Defense Services indicates that the bill would increase agency
expenditures on legal counsel and support staff by unknown amounts. The Board estimates that The Honorable Tom Kessler, Chairperson
Page 2—HB 2167
on average, a severity level 9, nonperson felony case requires 35 hours of direct work by an
attorney to provide constitutionally adequate representation. Based on the rates of $83.36 per hour
for public defenders and $125 per hour for assigned counsel, each new severity level 9, nonperson
felony case brought to the agency would result in State General Fund expenditures of $2,918 to
$4,375. The Board indicates that it may require 1.00 new FTE attorney position and possibly
additional support staff depending on the number of new cases brought to the agency under the
provisions of the bill.
The Judiciary indicates that the bill has the potential to increase the number of cases filed
in district courts. This may increase agency operating expenditures due to the additional time spent
by district court judicial and nonjudicial personnel in processing, researching, and hearing cases.
However, the Judiciary is unable to calculate a precise estimate of this effect. The bill has the
potential to increase the collection of docket fees, fines, and supervision fees, which are deposited
in the State General Fund; however, the amount of additional collections is unknown.
The Sentencing Commission indicates that the bill has the potential to increase prison
admissions and the number of prison beds needed; however, a precise estimate of this effect cannot
be determined. The Department of Corrections indicates that the bill has the potential to increase
agency operating expenditures depending on its effect on prison admissions and beds. Any fiscal
effect associated with HB 2167 is not reflected in The FY 2026 Governor’s Budget Report.
The Kansas Association of Counties indicates that the bill has the potential to increase
county government expenditures on legal proceedings by a negligible amount. The League of
Kansas Municipalities indicates that the bill would have no fiscal effect on city governments.
Sincerely,
Adam C. Proffitt
Director of the Budget
cc: Heather Cessna, Board of Indigents Defense Services
Jay Hall, Kansas Association of Counties
Wendi Stark, League of Kansas Municipalities
Trisha Morrow, Judiciary
Scott Schultz, Kansas Sentencing Commission
Jennifer King, Department of Corrections