48-959. Seizure of firearms prohibited during official state of emergency; cause of action created; attorney fees.
48-959
48-959. Seizure of firearms prohibited duringofficial state of emergency; cause of action created; attorney fees.(a) No officer or employee of the state or any politicalsubdivision thereof, member of the Kansas national guard in the service of thestate, or any person operating pursuant to or under color of state law,receiving state funds, under control of any official of the state or politicalsubdivision thereof, or providing services to such officer, employee or otherperson, while acting during a declared official state of emergency, may:
(1) Temporarily or permanently seize, or authorize seizure of, any firearmthe possession of which is not prohibited under state law, other than asevidence in a criminal investigation; or
(2) require registration of any firearm for which registration is notrequired by state law.
(b) Any individual aggrieved by a violation of this section may seek in thecourts of this state relief in an action at law or in equity or other properproceeding for redress against any person who subjects such individual, orcauses such individual to be subjected, to the deprivation of any of therights, privileges or immunities provided by this section.
(c) In addition to any other remedy at law or in equity, an individualaggrieved by the seizure or confiscation of a firearm in violation of thissection may bring an action for return of such firearm in the district court ofthe county in which that individual resides or in which such firearm islocated. In any action or proceeding to enforce this section, the court shallaward the prevailing party, other than the state or political subdivisionthereof, reasonable attorneys' fees.
(d) "Seize" shall mean the act of forcible dispossessing an owner ofproperty under actual or apparent authority of law.
History: L. 2008, ch. 97, § 1; July 1.