House bill advances limiting civil actions against gun makers
Rep. T.J. Roberts, R-Burlington, testifies on House Bill 78 before the Senate Judiciary Committee. A high-resolution photo can be found here.
FRANKFORT — Legislation insulating gun manufacturers and sellers from qualified civil liability actions advanced out of the Senate Judiciary Committee on Thursday.
House Bill 78, sponsored by Rep. T.J. Roberts, R-Burlington, would make Kentucky law on firearms civil liability consistent with federal protections under the Protection of Lawful Commerce in Arms Act. It would prevent state courts from imposing liability on firearms manufacturers, sellers, and trade associations if a firearm is used in the commission of the crime.
“House Bill 78 is based on the same fundamental premise that we accepted when we adopted HB 222 in 2022, which is that no level of government and no branch of government can be used to nullify a constitutional right,” Roberts said.
Sen. Aaron Reed, R-Shelbyville, testifying alongside Roberts, spoke in favor on common sense grounds.
“This is an extremely common-sense bill. The issue is like if we were allowed to sue Ford for a drunk driver causing an accident with their vehicle. I hope we can all support this,” Reed said.
HB 78 carves out exceptions to this immunity for sellers who negligently entrusted a firearm to someone they knew, or reasonably should have known, would use it in a dangerous manner.
Additionally, under HB 78, manufacturers do not have immunity in cases where a defective product caused injury while being used lawfully as intended.
Sen. Danny Carroll, R-Paducah, raised concerns about the bill’s effect on the constitutional right to a jury trial.
“My primary concern with the bill is not its intent, but a person’s constitutional right to a trial. Under this legislation, the basic finding that a petitioner would be seeking from a court through a jury trial is basically being determined up front by a judge. On that issue, what is your response?” Carroll said.
Roberts responded that the legislature makes the law and that a judge’s role is to determine whether a petitioner’s allegations, if true, constitute a violation.
“This bill does not infringe upon the right to a trial by jury. We have a right to a jury trial, yes, but we also have the right to free speech, and the right to bear arms. I do not believe we can use one right to nullify another,” Roberts added.
Senate Minority Caucus Chair Reginald L. Thomas, D-Lexington, voted no, arguing the bill granted gun manufacturers blanket immunity regardless of wrongdoing.
“What this bill does is just give a blanket immunity to gun manufacturers regardless of any flaws in a gun’s design or whether they’re subject to improper uses. I am not one who believes in immunity to manufactures because the court system should be open to anyone who feels that they have a just claim of being wronged,” Thomas said.
House Bill 78 now goes to the Senate floor.
