48-959. Seizure of firearms prohibited during official state of emergency; cause of action created; attorney fees. (a) No officer or employee of the state or any political subdivision thereof, member of the Kansas national guard in the service of the state, or any person operating pursuant to or under color of state law, receiving state funds, under control of any official of the state or political subdivision thereof, or providing services to such officer, employee or other person, while acting during a declared official state of emergency, may:
(1) Temporarily or permanently seize, or authorize seizure of, any firearm the possession of which is not prohibited under state law, other than as evidence in a criminal investigation; or
(2) require registration of any firearm for which registration is not required by state law.
(b) Any individual aggrieved by a violation of this section may seek in the courts of this state relief in an action at law or in equity or other proper proceeding for redress against any person who subjects such individual, or causes such individual to be subjected, to the deprivation of any of the rights, privileges or immunities provided by this section.
(c) In addition to any other remedy at law or in equity, an individual aggrieved by the seizure or confiscation of a firearm in violation of this section may bring an action for return of such firearm in the district court of the county in which that individual resides or in which such firearm is located. In any action or proceeding to enforce this section, the court shall award the prevailing party, other than the state or political subdivision thereof, reasonable attorneys' fees.
(d) "Seize" shall mean the act of forcible dispossessing an owner of property under actual or apparent authority of law.
History: L. 2008, ch. 97, ยง 1; July 1.
Structure Kansas Statutes
Chapter 48 - Militia, Defense And Public Safety
Article 9 - Emergency Preparedness For Disasters
48-905a Division of emergency management, establishment.
48-907 Powers and duties of adjutant general.
48-911 Mobile support units; duties of adjutant general.
48-912 Investigations and surveys; testimony and evidence; fees and mileage of witnesses.
48-916 Authority to accept services, gifts, grants and loans.
48-917 Persons ineligible for employment.
48-919 Employees, division of emergency management; expenses.
48-923 Limitations on effect of act.
48-926 State disaster emergency plan; rules and regulations.
48-927 State resources management plan.
48-928 Duties of division of emergency management.
48-934 Duties and immunities of law enforcement, military and other authorized personnel.
48-935 Force and effect of municipal ordinances during disaster emergencies.
48-936 Immunity from liability for persons in control of certain premises.
48-937 Communications systems during disasters; recommendations to governor.
48-942 Costs of emergency management plans and programs; fees.
48-943 Rules and regulations; personnel.
48-948 Citation of act; purpose.
48-950 Kansas mutual aid system; participation by political subdivisions.
48-951 Responsibilities of participating political subdivisions.
48-952 Requests for assistance among participating political subdivisions.
48-953 Obligation of participating political subdivisions to provide assistance; conditions.
48-955 Guidelines and procedures.
48-956 Personnel of participating political subdivision; benefits.
48-957 Nature of activities governmental; liability.
48-960 Division of emergency management authorized to accept certain real property in Saline county.
48-967 Severability; act concerning governmental response to the 2020 COVID-19 pandemic in Kansas.
48-968 Severability; governmental response to certain emergencies.