On Monday, the Indiana Court of Appeals reversed a lower court’s decision, affirming the state’s authority to protect lawful gun manufacturers, wholesalers, and retailers from protracted litigation. The ruling in the case of Smith & Wesson Corp. et al. v. City of Gary, Indiana, dismisses the City of Gary’s long-standing lawsuit against major players in the firearms industry, reinforcing Second Amendment rights and the legal protections afforded to law-abiding gun businesses.
The legal battle, which began in August 1999, saw the City of Gary file a complaint against various firearm manufacturers, wholesalers, and retailers, including Smith & Wesson. The city alleged that the defendants’ marketing and distribution practices contributed to illegal handgun sales, particularly through straw purchases, leading to increased crime and public costs. The amended complaint filed in 2001 asserted claims of public nuisance and negligence, seeking to hold the industry accountable for the actions of unrelated third parties.
However, the Indiana General Assembly has consistently intervened to safeguard the rights of the firearms industry. In 2001, the Immunity Statute was enacted, shielding manufacturers and sellers from liability for the lawful design, manufacture, marketing, or sale of firearms, as well as damages from criminal misuse by third parties. This statute was amended in 2015 to apply retroactively to August 26, 1999, thereby extending its reach to the Gary lawsuit. Later, in 2024, the Reservation Statute was passed as an emergency measure, reserving the right to sue firearm-related entities exclusively to the state, effectively halting local government actions like Gary’s.
The Court of Appeals, in a unanimous decision authored by Chief Judge Altice, with Judges Pyle and DeBoer concurring, overturned the Lake Superior Court’s denial of the defendants’ motion for judgment on the pleadings. The lower court had upheld the Reservation Statute’s constitutionality but ruled that its retroactive application would violate vested rights and constitutional guarantees in this long-running case. The appellate court disagreed, finding no such vested rights and affirming the legislature’s authority to shape legal proceedings.
This ruling is a triumph for gun rights advocates who argue that the firearm industry should not be held liable for the criminal acts of others. The court’s decision reinforces the 2005 Protection of Lawful Commerce in Arms Act (PLCAA), a federal law that bars qualified civil liability actions against firearm manufacturers and sellers for third-party misuse, except in cases of knowing statutory violations. Previous appeals in 2003 and 2007 had allowed the city’s claims to proceed under a “predicate exception” alleging unlawful conduct. However, amendments to the Immunity Statute and the Reservation Statute have now closed these loopholes, protecting the industry from what many consider frivolous litigation.
The case’s history includes three prior appeals, with the Indiana Supreme Court in 2003 upholding the city’s initial claims but noting significant hurdles in proving damages. Despite this, legislative actions have progressively limited the city’s ability to pursue its case. The 2019 decision upheld the Immunity Statute’s constitutionality, and the latest ruling solidifies the state’s intent to shield the firearm industry from local overreach.
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Smith & Wesson M&P 2.0 9mm Pistol, 3.6″ Barrel, Optic Height Sights, Black – 13571 |
Palmetto State Armory |
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Smith & Wesson M&P 2.0 9mm Pistol, 4″ Barrel, Optic Height Sights, Flat Dark Earth – 13573 |
Palmetto State Armory |
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Pro-gun advocates celebrate this decision as a defense of lawful commerce and individual rights. The decision also aligns with the PLCAA’s intent to prevent the judicial system from being used to circumvent legislative processes, a point emphasized by the court’s reaffirmation of a prior Gary case as the law of the case.
“This is a tremendous day for the rule of law, common sense, and the firearm industry,” said Lawrence G. Keane, NSSF Senior Vice President & General Counsel. “The City of Gary never had a serious claim. Instead, it was committed to a losing lawfare strategy to abuse the courts in order to force gun control policy outside of legislative channels. The bottom line is that these sorts of frivolous claims have no business clogging our courts, and special-interest groups cannot circumvent elected representative bodies by attempting legislation through litigation. NSSF is deeply grateful to Indiana Attorney General Todd Rokita for his strong defense of this law.”
The City of Gary argued that the Reservation Statute constituted unconstitutional special legislation and violated the principles of separation of powers and open courts. The state intervened to defend the statute, and the Court of Appeals rejected these challenges, finding the law applies uniformly and does not infringe on constitutional rights. The reversal of the trial court’s order effectively terminates the city’s lawsuit, which had been pending for over 26 years, sparing defendants from further legal and financial burdens.
This ruling comes at a critical time as debates over gun control continue nationwide. With the Reservation Statute’s emergency enactment in March 2024, Indiana has positioned itself as a stronghold for Second Amendment protections, ensuring that only the state can pursue actions against the firearm industry. The decision underscores the rights of law-abiding citizens and businesses to engage in lawful commerce.
For the firearm industry, this is a hard-won victory after decades of legal battles. Companies like Smith & Wesson can now focus on innovation and serving law-abiding customers without the looming threat of lawsuits based on third-party actions. As the case returns to the trial court, the focus will shift to finalizing the dismissal, marking the end of a contentious chapter in Indiana’s legal history.
While the City of Gary may consider further appeals, the current legal framework strongly favors the defendants, underscoring that local governments should not unduly restrict lawful firearm commerce.
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About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.
