Gary IN Lawsuit & ISC


January 13, 2009, 05:04 PM
Indiana court passes on Gary gun lawsuit

By Jon Murray

The Indiana Supreme Court today declined to get involved again with the city of Gary’s 10-year-old lawsuit against several gun makers, allowing the case to proceed to trial.

The court’s order, issued after the justices reviewed the gun manufacturers’ request that they take up the case, lets stand an October 2007 Indiana Court of Appeals ruling. That 3-0 ruling said a provision in the federal Protection of Lawful Commerce in Arms Act, passed by Congress in 2005, did not bar the Gary lawsuit from proceeding in state court.

Gary’s lawsuit, filed in 1999, alleged that 16 gun makers and six Northern Indiana gun dealers sold guns they knew would end up in criminals' hands.

The last time the Indiana Supreme Court waded into the dispute, in 2003, it ruled unanimously that state public nuisance laws could apply to the city of Gary's claims and allowed the lawsuit to proceed. The gun manufacturers’ second challenge took root later, after the federal law was passed.

In today’s order, three state Supreme Court justices voted to reject the appeal. Justice Frank Sullivan Jr. voted to accept the case, while Justice Theodore R. Boehm voted wait until the U.S. Supreme Court resolves another case.

The Brady Center to Prevent Gun Violence, which represents the city of Gary in the case, called the state high court's decision today a landmark. Attorneys for the gun manufacturers could not immediately be reached for comment tonight.

“The Indiana Supreme Court’s ruling is an important victory for the people of Gary and particularly those who have suffered from the gun industry’s supply of guns to criminals and gun traffickers,” said Paul Helmke, the Brady Center’s president, in a statement. Helmke also is the former mayor of Fort Wayne.

After the Gary lawsuit was filed, the Indiana General Assembly passed a bill the following year to ban similar lawsuits by other municipalities.

I fail to see how they can sue manufactures for the alleged misdeeds of dealers. I guess Brady is going after the money rather than focusing on those who actually commit crimes.

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January 13, 2009, 05:07 PM
Or trying to put the dealers out of business.

January 13, 2009, 08:07 PM
I want to read the Brady's evidence. Until then I file this under conspiracy theory.

I mean come on, the entire gun industry of Indiana has collaborated or rather conspired to sell guns illegally so they could increase their profits by 2%? After all, the majority of people purchasing guns are law-abiding citizens. That would mean the entire gun industry including FFL's was in on this.

To everybody elses' knowledge is that a fair analysis of the Brady's position?

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