Bill > HB78

This bill, titled the Protection of Lawful Commerce in Arms (PLCAA) Clarification Act of 2026, establishes significant liability protections for manufacturers and sellers of firearms and ammunition. It defines key terms like "ammunition," "firearm," "manufacturer," "negligent marketing," and "seller." The core provision states that these businesses are generally not liable for harm caused by the criminal or unlawful use of their products if the products functioned as intended. Liability is further limited unless a specific statute explicitly regulating firearms or ammunition was violated, and that violation directly caused the harm. The bill also sets strict conditions for claims of "negligent marketing," requiring that the marketing practice specifically targeted prohibited individuals, encouraged unlawful use, directly caused harm, and violated a law explicitly regulating firearm sales or marketing in a willful and knowing manner. The bill outlines expedited legal procedures for manufacturers and sellers facing lawsuits, including special motions to dismiss, limited discovery periods, and immediate appeals for denied motions, with penalties for those who bring or continue claims in violation of these protections. The Attorney General is granted enforcement authority. The bill declares an emergency, meaning it takes effect immediately upon passage, and applies to actions filed on or after its effective date, as well as pending actions without a final judgment.

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https://apps.legislature.ky.gov/record/26RS/hb78.html