KRS 411.152: Immunity of manufacturers, sellers, and trade associations from qualified

civil liability actions relating to firearms -- Exceptions -- Preemption of laws --

Pleading of claims premised on exceptions -- Special motions -- Civil action

brought by party harmed by claim -- Construction of state laws -- Foreign

states or governments -- Authority of Attorney General.

(1) As used in this section:

(a) "Manufacturer" means any person engaged in the business of manufacturing a

qualified product, including any and all owners, directors, officers, and

employees of a manufacturer;

(b) "Negligent entrustment":

1. Means the supplying of a qualified product by a seller for use by another

person when the seller knows, or reasonably should know, the person to

whom the product is supplied is likely to, and does, use the product in a

manner involving unreasonable risk of physical injury to the person or

others; and

2. Does not include instances in which the harm was caused by a person

who was not entrusted with the qualified product directly by the seller;

(c) "Person" means any individual, corporation, company, association, firm,

partnership, society, joint stock company, or any other entity, including any

governmental entity;

(d) "Proximate cause" means the requirem ent that the plaintiff was directly

injured by the defendant's allegedly unlawful conduct;

(e) "Qualified civil liability action":

1. Means a civil action or proceeding, or an administrative proceeding, or

any claim asserted in any action or proceeding, brought by any person

against a manufacturer or seller of a qualified product, or a trade

association, for damages, including punitive d amages, injunctive or

declaratory relief, abatement, restitution, fines, penalties, or any other

relief, resulting from, on the basis of, arising out of, or in relation to the

criminal or unlawful misuse, alteration, or modification of a qualified

product by the person or a third party, under any theory of liability,

including but not limited to statutory claims, or claims arising from tort

or contract; and

2. Does not include a claim:

a. Brought against a transferor convicted under 18 U.S.C. sec.

924(h), or a comparable or identical state felony law, by a party

directly harmed by the conduct of which the transferee is

convicted;

b. Brought against a seller for negligent entrustment or negligence

per se;

c. In which a manufacturer or seller of a qualified pr oduct knowingly

violated the Gun Control Act, 18 U.S.C. sec. 921 et seq., the

National Firearms Act, 26 U.S.C. sec. 5801 et seq., the Arms

Export Control Act, 22 U.S.C. sec. 2778 et seq., or the Export

Control Reform Act of 2018, 50 U.S.C. secs. 4801 to 48 52, or any

equivalent state statute that is intended to and exclusively does

impose specific and concrete obligations on manufacturers and

sellers regarding the manner in which qualified products are

manufactured, distributed, or transferred to unlicensed persons,

including the obligations in KRS Chapters 237 and 527, and the

violation was the sole proximate cause of the harm for which relief

is sought. This exception does not include claims premised on

nuisance or negligence, whether based in statute or common law;

d. For breach of contract or warranty in connection with the purchase

of the product; or

e. For death, physical injuries, or property damage resulting directly

from a defect in design or manufacture of the product, when

lawfully used as intended in a reasonably foreseeable manner,

except that where the discharge of the product was caused by a

volitional act that meets the elements of a criminal offense, then

the act shall be considered the sole proximate cause of any

resulting death, personal injuries, or property damage.

The exceptions enumerated in this subparagraph shall not be construed

to be in conflict, and this section shall not be construed to create a public

or private cause of action, claim, or remedy. The enumerated exceptions

in this s ubparagraph shall be construed to limit the scope of the claims

available to the extent that they conflict with the statutory law or

common law of this Commonwealth;

(f) "Qualified product" means a firearm as defined in KRS 237.060, ammunition

as defined in KRS 237.060, or a component part of, or an accessory intended

for use with, a firearm or ammunition, including but not limited to

ammunition magazines or clips, optical devices, or other products intended to

be included in, attached to or used while atta ched to, or in conjunction with, a

firearm or ammunition;

(g) "Seller":

1. Means any person engaged in the business of selling a qualified product

at wholesale or retail, including import and export, and includes all

owners, directors, officers, and employees of the entity; and

2. Does not include entities that meet the definition of "manufacturer" in

paragraph (a) of this subsection;

(h) "Trade association" means any corporation, unincorporated association,

federation, business league, or professional or business organization:

1. That is not organized or operated for profit and no part of the net

earnings of which inures to the benefit of any private shareholder or

individual;

2. That is an organization described in 26 U.S.C. sec. 501(c)(6), and

exempt from tax under 26 U.S.C. sec. 501(a); and

3. Two (2) or more members of which are manufacturers or sellers of a

qualified product; and

(i) "Unlawful use" means conduct that violates a statute, ordinance, or regulation

as it relates to the use of a qualified product.

(2) A qualified civil liability action shall not be brought against any manufacturer or

seller of a qualified product, or trade association.

(3) This section expressly preempts any local statutes, laws, or regulations that

specifically impose liabil ity on qualified product manufacturers, sellers, or trade

associations, or that attempt to do so in a generally applicable manner to the extent

the state or local law, statute, or regulation allows for civil actions, civil

proceedings, and administrative p roceedings for damages, punitive damages,

injunctive or declaratory relief, abatement, restitution, fines, penalties, or other

relief resulting from criminal misuse, alteration, or modification of a qualified

product under any theory of liability, including but not limited to statutory claims or

claims arising from tort or contract, except for causes of action expressly allowed in

this section.

(4) (a) A claim premised on an exception to the immunity granted by this section

shall plead with particularity the factual allegations providing the basis for the

application of the exception, including but not limited to those necessary to

establish scienter and proximate cause.

(b) Any qualified civil liability action or any action involving a claim premised

on an exception to the immunity granted by subsection (1)(e)2. of this section

shall allege particularized facts establishing that the manufacturer or seller of

a qualified product, or trade association, was the proximate cause of the

damages alleged. The court shall determine whether the particularized facts

alleged by the plaintiff suffice to establish proximate cause as a matter of law.

(c) Any manufacturer or seller of a qualified product, or trade association, shall

be permitted to make a special motion unde r this subsection for dismissal or

for entry of summary judgment in any qualified civil liability action or any

action involving a claim premised on an exception to the immunity granted by

this section, which shall be heard within forty -five (45) days of t he motion. If

discovery is required to rule on the motion, the court may order a discovery

period not to exceed sixty (60) days and the discovery shall be limited to the

issues of whether the action is subject to dismissal under this section. Any

denial of a special motion to dismiss or special motion for summary judgment

shall be immediately appealable, the appeal shall be expedited, and the

timelines in this subsection shall be enforceable as of right by an action in

mandamus in the Court of Appeals of Kentucky.

(5) Any manufacturer or seller of a qualified product, or trade association, harmed by a

claim brought, maintained, or continued in violation of this section after April 14,

2026, may initiate a civil action in a court of competent jurisdiction an d may seek

against any party, or the party's attorney of record:

(a) Appropriate injunctive relief;

(b) Actual damages;

(c) Punitive damages if it is established that the defendant acted with actual

malice or with willful misconduct;

(d) Costs; and

(e) Reasonable attorney's fees.

(6) Notwithstanding any other law to the contrary, the provisions of:

(a) KRS Chapter 367;

(b) Any public nuisance law; or

(c) Any general law of this Commonwealth;

shall not be considered as statutes intended to and exclusively imposing specific

and concrete obligations on manufacturers and sellers regarding the manner in

which qualified products are manufactured, distributed, or transferred to unlicensed

persons for purposes of this section and shall not provide a basis to circumvent the

explicit requirements of subsection (1)(e)2. of this section.

(7) A qualified civil liability action may not be b rought in any court by a foreign state

or government, and the exceptions to the immunity provided in this section shall not

apply to claims brought by a foreign state or government.

(8) The Attorney General shall have authority to:

(a) Enforce the provisions of this section;

(b) Intervene in any civil action brought under this section; and

(c) Issue guidance to carry out the provisions of this section.