§ 48-959 — Seizure of firearms prohibited during official state of emergency; cause of action created; attorney fees

Kansas § 48-959

• Jurisdiction: Kansas
• Ch. 48: MILITIA, DEFENSE AND PUBLIC SAFETY
• Art. 9: EMERGENCY PREPAREDNESS FOR DISASTERS

Text

(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.

Legislative History

L. 2008, ch. 97, § 1; July 1.