Enacting the gun violence restraining order act to authorize the issuance of protective orders prohibiting the acquisition and possession of firearms by certain individuals.
Impact
If enacted, HB 2198 will amend existing Kansas firearms law by introducing a judicial process allowing certain individuals—including family members and spouses—to petition for a gun violence restraining order. The courts will be tasked with evaluating the risk posed by the defendant based on evidence submitted, such as testimony and documented behavior. This is intended to empower communities by giving them tools to respond to individuals showing signs of potential violence. The legislation also has implications for law enforcement, mandating that seized firearms be handled carefully and returned when appropriate, ensuring due process for individuals involved.
Summary
House Bill 2198, referred to as the Gun Violence Restraining Order Act, aims to authorize courts to issue protective orders that prohibit individuals deemed a significant risk of personal injury to themselves or others from acquiring or possessing firearms. The bill establishes a legal framework outlining who can request such orders, the criteria for their issuance, and the consequences for violating them. This legislation seeks to create a preventive measure against gun violence by allowing families and individuals close to potentially dangerous individuals to intervene legally before a crisis occurs.
Contention
Notably, the bill addresses the delicate balance between public safety and constitutional rights. Proponents argue that the act is necessary for protecting individuals and the community at large by preventing gun violence before it occurs. However, opponents advocate for potential abuses of the restraining order system, suggesting it might lead to violations of individual rights and due process. Additionally, concerns have been raised about the implementation of such orders and whether there are sufficient safeguards to prevent wrongful seizure of firearms from legally compliant individuals. The ongoing debate highlights the complexities intertwined in discussions of gun control, individual rights, and community safety.
Creating the gun violence restraining order act to authorize the issuance of protective orders prohibiting the acquisition and possession of firearms by certain individuals.
Increasing the time of an initial restraining order and possible extensions issued in a protection from abuse order or a protection from stalking, sexual assault or human trafficking order.
Enacting the reduce armed violence act to increase the criminal penalties for certain violations of criminal possession of a weapon by a convicted felon that involve firearms.
Enacting the reduce armed violence act to increase the criminal penalties for certain violations of criminal possession of a weapon by a convicted felon that involve firearms.
Including the conduct of utilizing any electronic tracking system or acquiring tracking information to determine the targeted persons location, movement or travel patterns in the crime of stalking when done as part of an unlawful course of conduct and authorizing orders to prohibit such conduct under the Kansas family law code, the revised Kansas code for care of children, the protection from abuse act and the protection from stalking, sexual assault or human trafficking act and increasing the time of an initial restraining order and possible extensions issued in a protection from abuse order or a protection from stalking, sexual assault or human trafficking order.
Enacting the freelance isn't free act to provide protections for freelance workers, authorizing the secretary of labor to investigate alleged violations and the attorney general to enforce orders against violators, establishing a private cause of action for freelance workers against violators and establishing an assistance program for freelance workers to be administered by the secretary of labor.
Defining primary aggressor for domestic violence purposes and requiring law enforcement policies to direct that arrest is the preferred response only with respect to the primary aggressor.
Creating the anti-red flag gun seizure act to prohibit the enforcement of any law, regulation or order that prohibits the possession of a firearm in violation of amendment II to the constitution of the United States.
Permitting short form notification service and alternative methods of service under the protection from abuse act and the protection from stalking, sexual assault or human trafficking act and clarifying precedence of child-related orders issued under the protection from abuse act.
Prohibiting acquisitions of ownership interests in certain Kansas real property by foreign individuals and entities unless authorized by the state land council and establishing the state land council.
Creating the gun violence restraining order act to authorize the issuance of protective orders prohibiting the acquisition and possession of firearms by certain individuals.
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.
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.
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.