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Indiana Supreme Court Denies Gun Manufacturers' Appeal of Gary, Indiana's
Lawsuit
FIRST STATE SUPREME COURT TO REJECT APPLICATION OF FEDERAL GUN INDUSTRY SHIELD
LAW
WASHINGTON, Jan. 12 /PRNewswire-USNewswire/ -- In a landmark ruling today, the
Indiana Supreme Court ruled that the City of Gary's lawsuit against gun
manufacturers may proceed to trial. The Court refused to hear a challenge to
the Indiana Court of Appeals' October 2007 ruling rejecting gun industry
claims that the federal Protection of Lawful Commerce in Arms Act shields the
gun industry from liability for irresponsible sales practices that funnel guns
to the criminal market.
In a major setback to the gun industry, the Indiana Supreme Court refused the
gun manufacturers' petition to transfer the case, instead allowing the Court
of Appeals ruling to stand. The Court of Appeals held on October 29, 2007,
that the Protection of Lawful Commerce in Arms Act does not shield gun
manufacturers from liability for sales practices that knowingly violate
Indiana's public nuisance statute. The ruling by the Supreme Court today
allows Gary, Indiana's lawsuit against sixteen gun manufacturers and six
northern Indiana gun dealers to proceed to trial. Lawyers from the Brady
Center's Legal Action Project represent the City of Gary in the case.
"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, President of the
Brady Center and former Mayor of Fort Wayne, Indiana. "When the gun industry
violates the law and allows dangerous people easy access to illegal firearms,
it should be held accountable."
Brian J. Siebel, Senior Attorney with the Brady Center to Prevent Gun Violence
and co-counsel representing the City of Gary, stated: "After years of delay
caused by numerous rejected gun industry appeals, the citizens of Gary may
finally have their day in court and help put an end to the unlawful practices
of gun makers that funnel guns into the criminal market."
This is the second ruling by the Indiana Supreme Court in this case. It
unanimously ruled in Gary v. Smith & Wesson Corp. in December 2003 that the
City stated valid claims alleging "that the Manufacturers knowingly
participated in a distribution system that unnecessarily and sometimes even
intentionally provided guns to criminals, juveniles, and others who may not
lawfully purchase them."
Gary's case began with a sting conducted by Gary police of northern Indiana
gun dealers that, between them, supplied more than 60 percent of the crime
guns recovered in the city. The dealers' sales to undercover officers posing
as "straw purchasers" was captured on videotape before the suit was filed, and
confirmed the dealers' gross misconduct in supplying the underground market.
Gary also sued the major gun manufacturers who sold handguns through these
dealerships and profited from the diversion of guns to criminals.
Tony Walker and Lukas Cohen, of the Walker Law Group in Indiana, and Robert S.
Peck of the Center for Constitutional Litigation, serve as co-counsel with the
Brady Center in the case.
As the nation's largest national, non-partisan, grassroots organizations
leading the fight to prevent gun violence, the Brady Center to Prevent Gun
Violence is dedicated to creating an America free from gun violence, where all
Americans are safe at home, at school, at work, and in their communities.
CONTACT: Peter Hamm
202-289-5792
[email protected]
Lawsuit
FIRST STATE SUPREME COURT TO REJECT APPLICATION OF FEDERAL GUN INDUSTRY SHIELD
LAW
WASHINGTON, Jan. 12 /PRNewswire-USNewswire/ -- In a landmark ruling today, the
Indiana Supreme Court ruled that the City of Gary's lawsuit against gun
manufacturers may proceed to trial. The Court refused to hear a challenge to
the Indiana Court of Appeals' October 2007 ruling rejecting gun industry
claims that the federal Protection of Lawful Commerce in Arms Act shields the
gun industry from liability for irresponsible sales practices that funnel guns
to the criminal market.
In a major setback to the gun industry, the Indiana Supreme Court refused the
gun manufacturers' petition to transfer the case, instead allowing the Court
of Appeals ruling to stand. The Court of Appeals held on October 29, 2007,
that the Protection of Lawful Commerce in Arms Act does not shield gun
manufacturers from liability for sales practices that knowingly violate
Indiana's public nuisance statute. The ruling by the Supreme Court today
allows Gary, Indiana's lawsuit against sixteen gun manufacturers and six
northern Indiana gun dealers to proceed to trial. Lawyers from the Brady
Center's Legal Action Project represent the City of Gary in the case.
"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, President of the
Brady Center and former Mayor of Fort Wayne, Indiana. "When the gun industry
violates the law and allows dangerous people easy access to illegal firearms,
it should be held accountable."
Brian J. Siebel, Senior Attorney with the Brady Center to Prevent Gun Violence
and co-counsel representing the City of Gary, stated: "After years of delay
caused by numerous rejected gun industry appeals, the citizens of Gary may
finally have their day in court and help put an end to the unlawful practices
of gun makers that funnel guns into the criminal market."
This is the second ruling by the Indiana Supreme Court in this case. It
unanimously ruled in Gary v. Smith & Wesson Corp. in December 2003 that the
City stated valid claims alleging "that the Manufacturers knowingly
participated in a distribution system that unnecessarily and sometimes even
intentionally provided guns to criminals, juveniles, and others who may not
lawfully purchase them."
Gary's case began with a sting conducted by Gary police of northern Indiana
gun dealers that, between them, supplied more than 60 percent of the crime
guns recovered in the city. The dealers' sales to undercover officers posing
as "straw purchasers" was captured on videotape before the suit was filed, and
confirmed the dealers' gross misconduct in supplying the underground market.
Gary also sued the major gun manufacturers who sold handguns through these
dealerships and profited from the diversion of guns to criminals.
Tony Walker and Lukas Cohen, of the Walker Law Group in Indiana, and Robert S.
Peck of the Center for Constitutional Litigation, serve as co-counsel with the
Brady Center in the case.
As the nation's largest national, non-partisan, grassroots organizations
leading the fight to prevent gun violence, the Brady Center to Prevent Gun
Violence is dedicated to creating an America free from gun violence, where all
Americans are safe at home, at school, at work, and in their communities.
CONTACT: Peter Hamm
202-289-5792
[email protected]