In 2018, Kansas passed legislation to restrict some domestic abusers from legally acquiring and possessing guns.1 However, Kansas law still does not:
- Require courts to notify domestic abusers when they become prohibited from possessing firearms or ammunition;
- Require the surrender of firearms or ammunition by domestic abusers who have become prohibited from possessing firearms or ammunition; or
- Explicitly authorize or require the removal of firearms or ammunition from abusers at the scene of a domestic violence incident.
Domestic Violence Misdemeanors
Kansas law now prohibits a person who has been convicted of a domestic violence misdemeanor offense from knowingly possessing guns within five years after conviction.2 However, federal law law generally provides a stronger lifetime prohibition on firearm possession by people convicted of domestic violence offenses.
Domestic Violence Restraining Orders
Kansas law now also prohibits abusers from knowingly possessing firearms while subject to certain domestic violence restraining orders.3 An abuser is prohibited from possessing guns if he or she is subject to a court order that:
A) Was issued after a hearing, of which the person received actual notice, and at which the person had an opportunity to participate;
(B) Restrains the person from harassing, stalking or threatening an intimate partner of the person, or a child of the person or intimate partner, or that restrains the person from engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or the child; and either
(C) (i) Includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; OR
(ii) by its terms explicitly prohibits the use, attempted use or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury.4
Federal law generally prohibits firearm possession by broader categories of domestic violence restraining order respondents.
See our Domestic Violence & Firearms policy summary for a comprehensive discussion of this issue.
- 2018 KS HB 2145.
- Kan. Stat. Ann. § 21-6301(a)(18).
- Kan. Stat. Ann. § 21-6301(a)(17).