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Kansas committee advances bill granting civil‑liability protection for firearms dealers who accept temporary holds
Summary
The committee adopted several amendments and voted to report House Bill 25‑01 favorably; the bill provides civil‑liability immunity to federal firearms licensees (FFLs) returning firearms after court‑ordered or owner‑initiated hold agreements, with clarifying language on negligent‑entrustment claims and record‑destruction timing.
The House Committee on the Federal and State Affairs considered final action on House Bill 25‑01 during the same session. Committee staff explained HB 25‑01 would provide immunity from civil liability to federal firearms licensees (FFLs) when they return a firearm to an owner at the termination of a firearm hold agreement. Staff summarized the bill and identified key drafting points about the scope of immunity.
Members debated and adopted multiple amendments in concept and in form. A committee‑offered conceptual amendment inserted the words "federal or state" before the word "law" in one provision and added language making explicit that the immunity it provides would not apply to claims resulting from otherwise unlawful conduct, "including claims of negligent entrustment or negligent provision." Representative Corbett offered an amendment to require that hold agreements include the make, model and serial number of each firearm and allow the firearm owner the option of listing a second contact to recover firearms in the event of death or serious illness; the committee adopted that amendment (division recorded: 12 yes, 9 no).
Additional amendments were adopted to clarify protections for FFLs, to state that voluntary participation in a firearm hold agreement shall not give rise to a presumption of negligence or raise stigma against an owner, and to require that records related to completed hold agreements be destroyed 90 days after completion (matching federal timing used in background‑check record retention). Committee members described those provisions as designed to protect both dealers and owners who opt into voluntary hold services.
Representative Reese moved that HB 25‑01 be reported favorably as amended; Representative Haskins seconded the motion. The committee voted and the chair announced the bill was reported favorably out of committee as amended.
Next steps: The bill as amended will be prepared for floor consideration following standard legislative processing.
