LEXINGTON, Ky. — Legislation that would insulate Kentucky gun manufacturers and sellers from civil liability lawsuits advanced from the Senate Judiciary Committee on Thursday, moving the controversial measure closer to the governor's desk.

House Bill 78, sponsored by Rep. T.J. Roberts, R-Burlington, would align Kentucky law with the federal Protection of Lawful Commerce in Arms Act, which shields firearms manufacturers and dealers from being held liable when crimes are committed with their products. The measure would prevent state courts from imposing liability on firearms manufacturers, sellers, and trade associations if a firearm is used in the commission of a crime.

Roberts framed the bill as consistent with constitutional protections. "House Bill 78 is based on the same fundamental premise that we accepted when we adopted HB 222 in 2022, which is that no level of government and no branch of government can be used to nullify a constitutional right," Roberts said during committee testimony.

Sen. Aaron Reed, R-Shelbyville, testified in support, comparing the measure to vehicle liability. "This is an extremely common-sense bill. The issue is like if we were allowed to sue Ford for a drunk driver causing an accident with their vehicle," Reed said.

The bill includes exceptions for manufacturers and sellers who act negligently. Sellers cannot claim immunity if they negligently entrust a firearm to someone they knew, or reasonably should have known, would use it dangerously. Manufacturers also lack immunity when a defective product causes injury while being used lawfully as intended.

However, some lawmakers raised concerns about the measure's constitutional implications. Sen. Danny Carroll, R-Paducah, questioned whether the bill infringes on the right to a jury trial by having judges determine whether allegations constitute a violation before trial. Roberts responded that legislators establish the law while judges determine whether claims meet legal standards.

Senate Minority Caucus Chair Reginald L. Thomas, D-Lexington, cast the sole dissenting vote in committee, arguing the bill grants blanket immunity to gun manufacturers regardless of wrongdoing. "What this bill does is just give a blanket immunity to gun manufacturers regardless of any flaws in a gun's design or whether they're subject to improper uses," Thomas said.

The bill now advances to the Senate floor. Gov. Andy Beshear vetoed the measure in early April, saying lawmakers should focus on reducing gun violence rather than shielding the gun industry.