Session of 2025
HOUSE BILL No. 2379
By Committee on Federal and State Affairs
Requested by Representative Ousley
2-11
AN ACT concerning firearms; relating to the Kansas bureau of
investigation; enacting the Kansas voluntary do-not-sell firearms list
act; requiring the Kansas bureau of investigation to establish the
Kansas voluntary do-not-sell firearms list; permitting a person to
submit a request form to a healthcare provider to add such person to the
list; establishing a civil fine of not to exceed $500 or up to five hours of
community service for violations of such act.
Be it enacted by the Legislature of the State of Kansas:
Section 1. Sections 1 through 5, and amendments thereto, shall be
known and may be cited as the Kansas voluntary do-not-sell firearms list
act.
Sec. 2. As used in the Kansas voluntary do-not-sell firearms list act:
(a) "Act" means sections 1 through 5, and amendments thereto.
(b) "Healthcare provider" means a person who provides healthcare or
professional services related to healthcare and is acting within the scope of
the person's license, certification, practice, education or training.
(c) "List" means the Kansas voluntary do-not-sell firearms list
established by section 3, and amendments thereto.
Sec. 3. (a) The Kansas bureau of investigation shall establish the
Kansas voluntary do-not-sell firearms list to prevent the purchase of
firearms by any person who voluntarily registers to be placed on the list.
The Kansas bureau of investigation shall maintain and update the list, and
the list shall be used in accordance with 18 U.S.C. § 922 to advise a dealer
licensed under 18 U.S.C. § 923 if the Kansas bureau of investigation's
records indicate that a buyer of firearms is prohibited from purchasing a
firearm. The Kansas bureau of investigation shall adopt any rules and
regulations and develop any policies that are necessary for the
implementation of the list.
(b) The Kansas bureau of investigation shall withhold from public
disclosure all information regarding a request to be placed on or removed
from the list and any other personally identifiable information contained in
or related to the list, except that such information may be disclosed to a
law enforcement officer acting in the performance of such officer's official
duties or the applicant with respect to such applicant's own information.
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The provisions of this subsection shall expire on July 1, 2030, unless the
legislature reviews and acts to continue such provisions pursuant to K.S.A.
45-229, and amendments thereto, prior to July 1, 2030.
Sec. 4. (a) (1) Any person 18 years of age or older may apply in
writing to the Kansas bureau of investigation to request voluntary
placement on the list and, after being placed on such list, may apply in
writing to the Kansas bureau of investigation to request removal from such
list. The application for placement on or removal from the list shall be on
forms prescribed by the Kansas bureau of investigation. The Kansas
bureau of investigation shall make the forms available on the Kansas
bureau of investigation's website.
(2) In addition to the provisions of paragraph (1), a person may
submit to any healthcare provider a form requesting for such person to be
added to the list. The healthcare provider shall verify the person's identity
before accepting the form and may not accept a form from someone other
than the person named on the form. By the end of the business day on
which the form was received, the provider shall electronically deliver the
person's completed form to the Kansas bureau of investigation.
(b) Any person requesting placement on or removal from such list
shall submit a photocopy of one valid form of photo identification issued
by a governmental agency of the applicant's state of residency or by the
United States department of defense or the United States department of
state to be included with the placement and removal form. Such request for
placement on or removal from the list may be submitted to the Kansas
bureau of investigation by mail or in person at any publicly accessible
Kansas bureau of investigation office.
(c) Upon placing a person on the list, the Kansas bureau of
investigation shall immediately forward a person's eligibility to purchase a
firearm to the national instant criminal background check system created
by the federal Brady handgun violence prevention act, public law 103-159,
or any successor system. The Kansas bureau of investigation shall also
notify such person by mail that such person has been placed on the list.
(d) The Kansas bureau of investigation shall remove any person from
the list after receipt of such person's removal request. Upon removal of a
person's name from the list, the Kansas bureau of investigation shall
update such person's eligibility to purchase a firearm in the national instant
criminal background check system and destroy all records of such person's
placement on and request for removal from the list within 72 hours
thereafter.
Sec. 5. (a) It shall be unlawful for any person to inquire as to whether
another person has been placed on the list for any purpose other than to
determine such person's eligibility to purchase a firearm.
(b) It shall be unlawful for any person to knowingly give any false
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information or to make any false statement with the intent of placing or
removing any other person on or from the list.
(c) It shall be unlawful for any person to discriminate against a
person with respect to healthcare services, employment, education,
housing, insurance, governmental benefits or contracting because that
person is not on the list, is on the list or has previously been on the list.
(d) It shall be unlawful for any dealer licensed under 18 U.S.C. § 923
to knowingly transfer a firearm to a person who is on the list.
(e) Any person who violates this act shall be assessed a civil penalty
of not more than $500 or up to five hours of community service. This
subsection shall not apply to a person who has requested to be, is or has
been placed on the list if any such violation relates directly to such
person's request or placement.
Sec. 6. This act shall take effect and be in force from and after its
publication in the statute book.
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