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HB 2198

Revenue and taxation; sales tax; exemptions; hearing aids; effective date; emergency.

2025 Regular Session Introduced by Max Wolfley

Creates Gun Violence Restraining Order process to curb firearm access for people posing significant risk, with orders up to one year and statewide enforcement.

Second Reading referred to Rules
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Bill Summary · HB 2198

Summary — HB 2198: Gun Violence Restraining Order Act (2025)

Status: Introduced January 29, 2025; referred to House Committee on Federal and State Affairs.
Primary sponsor (introduced version): Rep. Ballard.
Note: The bill text and fiscal analysis provided correspond to the Kansas introduced version of HB 2198.

Main purpose

HB 2198 would create a statutory process (the “Gun Violence Restraining Order Act”) authorizing courts to issue temporary or longer-term gun violence restraining orders (GVROs) that prohibit specified persons from acquiring or possessing firearms when they pose a significant risk of personal injury to themselves or others.

Key provisions

  • Who may file: The statute permits filing by the defendant’s spouse or former spouse; persons with a child in common; current or former dating partners; current or former household members; family members (parent, child, sibling, grandparent, grandchild, uncle/aunt, first cousin); or any other individual who has a close relationship (plaintiff must allege facts showing closeness).
  • Filing requirements: Plaintiffs must use Judicial Council forms and allege facts demonstrating the defendant poses a significant risk of personal injury by possessing firearms. If the defendant is required by employment to carry a weapon, or holds a concealed-carry license, the complaint must say so. If seeking seizure, identify known firearms.
  • Standard to issue: Court may issue a GVRO if there is reasonable cause to believe the defendant is a significant risk. Consideration may include testimony, documents, prior threats or injuries, and other relevant facts.
  • Ex parte orders: The court may issue an order without notice if clear and convincing evidence shows irreparable harm from delay or that notice would precipitate adverse action.
  • Duration and contents: Orders prohibit purchase/possession of firearms, advise the restrained individual of the right to move to rescind/modify (generally within 14 days), warn of arrest and contempt for violations, and expire no later than one year (but may be extended by the court).
  • Seizure and enforcement: The court may direct law enforcement to seize specifically-described firearms and may allow seizure of additional firearms discovered. Orders are enforceable statewide once served or upon actual notice. Courts must promptly provide copies to law enforcement and the plaintiff; employer notification required if the restrained person was identified in the complaint as an employee-required-to-carry.
  • Post-issuance hearings: Restrained persons may seek rescission/modification; the statute sets short deadlines for hearings (generally within 14 days; five days in certain circumstances).

Who is affected

  • Individuals subject to petitions (defendants/restrainted individuals) — limitations on purchase/possession and possible firearm seizure.
  • Family members, intimate partners, household members and others who may petition the court.
  • Law enforcement agencies (service, seizure, statewide enforcement).
  • Judicial Branch (increased hearings, clerk duties).
  • State agencies managing criminal justice information systems (KBI/KCJIS integration).

Fiscal and implementation impacts

  • Kansas Bureau of Investigation (KCJIS): Estimated one-time State General Fund costs of about $191,000 in FY2026 for system development (internal $84,000; external vendor $80,000; professional services $27,000) and ongoing support of about $27,000 in FY2027. KCJIS modifications estimated to take 24–36 months.
  • Judicial Branch: Expected to have significant but unquantified increased expenditures due to additional filings, hearings, clerk duties; additional docket fees would be deposited to the State General Fund.
  • Attorney General: Office projects potential significant litigation costs defending constitutional challenges (Second Amendment), estimating hiring outside counsel could cost more than $1.0 million in FY2026–FY2027.
  • Kansas Highway Patrol: no fiscal effect reported.

Procedural/timeline notes

  • The bill authorizes orders up to one year with court extension authority.
  • If adopted, KCJIS technical changes likely require 2–3 years to complete; courts would need to adopt new forms and procedures.
  • (Document timeline): provided legislative-action entries indicate consideration and enactment steps in 2025 (including Governor signature and effective date of 9/1/2025 in the file), but readers should verify final status with official legislative records for the applicable jurisdiction.

Compiled from official sources — confirm details with the bill’s official record.

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