HB 2167 — Firearms and Stun Gun Storage; criminal penalties (summary)
Status and key dates
- Introduced: January 28, 2025
- Status: Referred to Committee on Federal and State Affairs
- Effective date (per fiscal note): July 1, 2025
- Primary sponsor (per provided materials): Tony M. McCombie
Purpose and intent
- Create a criminal offense for unsecured storage of firearms and stun guns, with enhanced penalties when a person under 18 years of age can access certain weapons. The bill aims to reduce unauthorized juvenile access to weapons and to make unsafe storage evidence of wanton/reckless conduct in resulting injury/death cases.
Major provisions
- Storage requirements
- All firearms (including rifles, shotguns, large‑capacity firearms, and machine guns) must be: secured in a locked container or equipped with a tamper‑resistant mechanical lock or other safety device, properly engaged so the weapon is inoperable by anyone other than the owner or authorized user.
- Stun guns must be secured in a locked container accessible only to the owner or authorized user.
- A firearm is not “stored” for purposes of the law if it is carried by or under control of the owner/authorized user.
Criminal penalties
- General violation: unlawful storage is a Class A nonperson misdemeanor.
- Enhanced violation: storing a large‑capacity firearm or machine gun where a person under 18 may access it is a severity level 9, nonperson felony.
- It is unlawful to store a rifle or shotgun (not large‑capacity) where a person under 18 has access; that violation is a Class A nonperson misdemeanor.
Civil/criminal evidence provision
- Violations of the storage rules are admissible as evidence of wanton or reckless conduct in criminal or civil proceedings if a non‑trespassing person under 18 gains access and that access leads to injury or death. The provision does not apply if the minor was a trespasser (except where foreseeability is implicated per bill text).
Definitions and exclusions
- “Large‑capacity magazine” defined as any magazine holding more than 10 rounds.
- Excludes firearms using matchlock, flintlock, percussion cap, or similar ignition systems manufactured in or before 1899, and replicas that are not designed to use modern rimfire or centerfire ammunition.
Who would be affected
- Firearm and stun gun owners and household members (especially households with persons under 18).
- Law enforcement, prosecutors, public defenders, and district courts — potential increased caseload.
- Corrections system — potential increase in felony admissions (extent uncertain).
- Counties and municipalities — minor to negligible fiscal impacts cited; cities expected to have no fiscal effect per materials.
Fiscal and procedural impacts (from fiscal note)
- Board of Indigents’ Defense Services: potential increased costs for defense counsel; estimate per new level‑9 felony case = 35 attorney hours → $2,918 to $4,375 (based on $83.36/hr public defender and $125/hr assigned counsel). Agency may need 1.0 FTE attorney and possibly support staff depending on caseload.
- Judiciary: potential increase in district court cases and operating costs; additional collections of fees/fines possible but unknown.
- Kansas Sentencing Commission / Dept. of Corrections: potential increase in prison admissions and beds; fiscal effect not quantified and not included in FY 2026 Governor’s Budget Report.
- Kansas Association of Counties: potential negligible county legal cost increases; League of Kansas Municipalities: no fiscal effect on cities.
Notes
- Materials provided include items from multiple states and versions; this summary focuses on the firearms storage provisions and the accompanying fiscal note information as supplied.
