In a significant move for the firearm industry, the Kentucky House of Representatives has advanced House Bill 78 (HB 78), a measure designed to protect gun manufacturers, sellers, and trade associations from civil lawsuits stemming from the criminal misuse of firearms by third parties. This development, reported on March 17, 2026, by the Kentucky Lantern, passed the House with a strong 75-17 vote and is now under consideration in the Senate Judiciary Committee as of March 23, 2026.
What Does HB 78 Entail?
Sponsored by Rep. TJ Roberts (R-Burlington), HB 78, dubbed the Protection of Lawful Commerce in Arms (PLCAA) Clarification Act of 2026, builds on the federal PLCAA by providing robust state-level immunity. Key provisions include:
- Shielding manufacturers and sellers from qualified civil liability actions arising from criminal or unlawful misuse, alteration, or modification of firearms, ammunition, or accessories.
- Preempting local governments from enacting regulations that impose such liability on the gun industry.
- Allowing special motions for quick dismissal of frivolous claims, with penalties for violators including attorney's fees and daily fines.
- Declaring an emergency to enable immediate effect upon passage.
Full bill text is available via the Kentucky Legislative Research Commission.
Arguments in Favor and Opposition
Rep. Roberts emphasized accountability for criminals, not lawful sellers: "Criminals should be held liable for their actions—not manufacturers, not sellers who had no clue that someone was going to act that way." He highlighted inconsistencies in liability across industries, citing the 2021 Waukesha parade attack where no lawsuits targeted the SUV maker or dealer.
Democrats, including Rep. Erika Hancock (D-Frankfort), a gun violence survivor, opposed the bill, arguing it undermines judicial processes. Rep. Hancock stated: "Accountability in our system does not stop with the individual who commits the crime. Courts exist so then when tragedy happens, the facts can be examined." Others raised concerns over pending cases, like one tied to the Louisville bank shooting.
Current Status and Timeline
After House passage on March 17, the bill moved to the Senate on March 18 and was referred to Judiciary on March 19. Track progress at the LRC bill page.
Why This Matters for FFL Dealers and Firearm Cart Users
For Federal Firearms License (FFL) holders and e-commerce platforms like Firearm Cart, HB 78 reinforces compliance-first practices. By clarifying protections against baseless suits, it reduces legal risks, allowing dealers to focus on lawful sales and customer service. In an era of increasing litigation attempts against the industry, this bill safeguards Second Amendment-supported businesses.
Stay tuned as the Senate deliberates—Firearm Cart will keep you updated on compliance impacts.
