Rep. T.J. Roberts told colleagues in a House committee Wednesday that his bill would not affect instances in which there is "true negligence" involving gun sellers — such as cases when the buyer is a convicted felon or fugitive from justice.
In 2005, Congress passed the Protection in Lawful Commerce of Arms Act meant to protect firearms manufacturers, marketers, sellers, and others from vicarious liability. Roberts said Congress agreed that "if you are a manufacturer or a seller, you're following these laws, generally speaking, individuals should not be held liable due to unforeseeable instances in which people use these items in an improper manner."
But, he argued, an exception to the general rule is being read broadly in some cases, leading to overreach. His bill would incorporate federal standards and clarify when the Kentucky General Assembly believes courts should be able to intervene.
The measure passed without debate, but Rep. Pamela Stevenson was "no" vote, maintaining gun manufacturers and sellers should take more responsibility.
"Most of what these manufacturers are being sued for are foreseeable and they chose not to correct the deficiency," she said.
The bill cleared committee and is now eligible for a vote in the full House.