Ky. Rev. Stat. Ann. § 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:
1. (a)
2. (b)
3. (c)
4. (d)
5. (e) "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; "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; "Person" means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, including any governmental entity; "Proximate cause" means the requirement that the plaintiff was directly injured by the defendant's allegedly unlawful conduct; "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 damages, 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 c. per se; In which a manufacturer or seller of a qualified product 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 4852, 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; For breach of contract or warranty in connection with the purchase of the product; or 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. d. e. 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 subparagraph 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; "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 attached to, or in conjunction with, a firearm or ammunition; "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; "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; 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 2.
6. (f)
7. (g)
8. (h) 3. Two (2) or more members of which are manufacturers or sellers of a qualified product; and
9. (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 liability 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 proceedings 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.
1. (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.
(4)
(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 under 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 the 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 and may seek against any party, or the party's attorney of record:
1. (a) Appropriate injunctive relief;
2. (b) Actual damages;
3. (c) Punitive damages if it is established that the defendant acted with actual malice or with willful misconduct;
4. (d) Costs; and
5. (e) Reasonable attorney's fees.
(6) Notwithstanding any other law to the contrary, the provisions of:
1. (a) KRS Chapter 367;
2. (b) Any public nuisance law; or
3. (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 brought 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:
1. (a) Enforce the provisions of this section;
2. (b)
3. (c) Intervene in any civil action brought under this section; and Issue guidance to carry out the provisions of this section.

Effective: April 14, 2026

History: Created 2026 Ky. Acts ch. 177, sec. 1, effective April 14, 2026. Legislative Research Commission Note (4/14/2026). 2026 Ky. Acts ch. 177, sec. 2, provides: "This Act [2026 Ky. Acts ch. 177, which created KRS 411.152] shall apply to any qualified civil liability actions, including any claims asserted in any qualified civil liability action, filed on or after [April 14, 2026] against a manufacturer or seller of a qualified product, or trade association."