Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 adam.c.proffitt@ks.gov
Topeka, KS 66612 Division of the Budget http://budget.kansas.gov
Adam C. Proffitt, Director Laura Kelly, Governor


February 29, 2024


The Honorable Will Carpenter, Chairperson
House Committee on Federal and State Affairs
300 SW 10th Avenue, Room 346-S
Topeka, Kansas 66612
Dear Representative Carpenter:
SUBJECT: Fiscal Note for HB 2803 by House Committee on Federal and State Affairs
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2803 is
respectfully submitted to your committee.
HB 2803 would create the Kansas Gun Rights Preservation Act. The bill would prohibit
any state or local agency or employee from cooperating with the federal government in enforcing
any federal law or regulation that restricts the rights of law-abiding citizens to own or use firearms,
accessories, or ammunition. The bill would also prohibit the use of any state funds or resources to
assist the federal government in enforcement of such laws or regulations. The bill specifies
circumstances that would not be violations of the Act, including assisting a federal law
enforcement agency in pursuit of a suspect connected to another jurisdiction and assisting the
United States Attorney in prosecuting felony crimes that involve firearms. The bill would establish
a $50,000 civil penalty for any state or local law enforcement agency or political subdivision that
employes a law enforcement officer who violates the Act. Each violation with respect to a firearm,
firearm accessory, or container of ammunition would constitute a separate occurrence. The bill
would also establish a $50,000 civil penalty for any law enforcement agency or political
subdivision that employs an individual as an official, agent, or employee of the United States
government who gives aid, acts or previously acted under the color of any federal law to enforce
or attempt to enforce any federal law, executive order, rule, or regulation against law-abiding
citizens to own or use firearms, accessories, or ammunition. Any law-abiding citizen who lives or
conducts business in Kansas and is aggrieved by or suspects a violation of the Act could sue the
violator in court and seek an injunction to stop the violation. The court would be required to hear
the case within 30 days and could award the prevailing party reasonable legal fees and costs unless
the winner is the state or a local government. The bill would take effect upon its publication in the
Kansas Register.
The Kansas Bureau of Inveisgation (KBI) indicates enactment of the bill could create
additional liabilities for the agency. The KBI notes that, in many instances during an initial
investigation, there may not be clear evidence if a citizen is law abiding. If the KBI seizes a gun
pursuant to a criminal investigation but the individual is later acquitted of the charges or not
charged by the county attorney, the citizen could then file a lawsuit against the KBI as a violation
The Honorable Will Carpenter, Chairperson
Page 2—HB 2803

of the Act. The KBI also notes that the bill would nullify its ability to put agents on any federal
task forces. The KBI has several agents who are situated on federal task forces who are able to
leverage federal resources in KBI investigations. The KBI also offers a significant number of
cases to the United States Attorney’s Office with federal gun charges, which would also be
impacted. However, a precise fiscal effect cannot be estimated.
The Kansas Highway Patrol (KHP) states that its sworn law enforcement officers have an
obligation to respect federal law and in many cases partner with federal law enforcement agencies
to protect the citizens of Kansas from violent crimes. As an example, KHP reports that it seized
130 guns in 2023. If referral of the seized weapons and the underlying offenders were found to be
in violation of the Act, KHP would have faced up to $6.5 million in civil penalties (130 guns X
$50,000). KHP also notes that the bill would also hold the agency liable for reasonable attorney
fees and court costs, which would increase expenditures. However, until the courts have had an
opportunity to hear litigation under the provisions of the bill, an accurate fiscal effect on the
expenditures of the agency cannot be estimated.
The Office of Judicial Administration indicates enactment of the bill could increase the
number of cases filed in district courts because it allows for a party to bring a court action. This
could increase the time spent by district court judicial and nonjudicial personnel in processing,
researching, and hearing cases. The bill could also result in the collection of docket fees in cases
filed under the provisions of the bill, which would be credited to the State General Fund.
According to the Office, a precise fiscal effect cannot be determined until the courts have had an
opportunity to operate under the provisions of the bill.
The Office of the Attorney General notes that enactment of the bill would likely result in
litigation, which could increase agency expenditures. However, a precise fiscal effect on the
agency cannot be estimated. Any fiscal effect associated with HB 2803 is not reflected in The FY
2025 Governor’s Budget Report.
The League of Kansas Municipalities indicates enactment of the bill could put local
governments at risk of losing federal funds or becoming ineligible for federal grants, as the bill
does not comply with federal law. However, a precise fiscal effect cannot be estimated.

Sincerely,

Adam C. Proffitt
Director of the Budget

cc: Trisha Morrow, Judiciary
William Hendrix, Office of the Attorney General
Sherry Macke, Kansas Highway Patrol
Paul Weisgerber, Kansas Bureau of Investigation
Wendi Stark, League of Kansas Municipalities
Jay Hall, Kansas Association of Counties