Kentucky law limits claims against gun businesses over illegal use

The law bars covered claims against gun makers, sellers, and industry associations arising from illegal use or changes to their products. Products include guns, ammunition, parts, and accessories. Protection covers business owners and employees as well as qualifying nonprofit industry associations. Exceptions cover contracts, warranties, and certain seller negligence. Carelessly supplying a product requires that the seller directly supplied it to someone the seller knew, or reasonably should have known, was likely to use it dangerously and did so. Claims based on knowing violations of specified gun laws require that the violation alone directly caused the harm. General consumer protection, nuisance, and negligence claims do not qualify for this exception. Product defect claims require lawful, intended, reasonably foreseeable use. A deliberate discharge that meets the elements of a crime counts as the sole direct cause of resulting harm. The criminal-transfer exception requires a transferor convicted under the specified federal law or a comparable state felony law and a claimant directly harmed by conduct for which the recipient was convicted. Foreign governments cannot bring covered claims or use the exceptions. The law takes effect upon the governor's approval or otherwise becoming law. It applies to covered actions filed on or after that date.

People bringing claims must state specific facts supporting an exception and showing that the defendant directly caused their harm. These rules cover claims seeking an exception to the protections as well as claims covered by the ban. Facts supporting an exception must include any required knowledge and direct cause of harm. The court decides whether the stated facts legally establish that direct cause. Protected defendants may request dismissal or a ruling without a trial. Any evidence gathering needed to decide that request is limited to whether this law requires dismissal. The court must hear the request within 45 days of the motion. Any ordered evidence-gathering period may last up to 60 days. A denial can be appealed immediately, and the appeal must move quickly.

Protected gun businesses and associations harmed by a prohibited claim may sue the party bringing it or that party's lawyer. The business or association must have been harmed by a claim that violates this law. They may seek a court order, payment for actual harm, court costs, and reasonable lawyer fees. Extra damages meant to punish wrongdoing require proof of actual malice or willful misconduct. This remedy covers prohibited claims brought, maintained, or continued after the law's effective date.

The law overrides conflicting local liability rules and lets Kentucky's attorney general enforce its protections. Kentucky's attorney general may enforce the law, join civil cases brought under it, and issue guidance. The local-rule restriction covers claims arising from criminal misuse or changes to covered products. Claims expressly allowed by this law remain excepted.