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Monday, November 27, 2006

Ind. Decisions - "Gun makers appeal Hoosier's ruling"

No surprise here. The Indianapolis Star reports today, in a story by Karen Eschbacher, that "Gun makers appeal Hoosier's ruling.", that:

Gun makers are appealing an Indiana judge's first-of-its-kind ruling that a federal law shielding gun manufacturers from lawsuits is unconstitutional.

The ruling by Lake Superior Court Judge Robert A. Pete allows a lawsuit filed by the city of Gary to continue against 16 gun manufacturers and six Northern Indiana gun dealers. The suit, filed in 1999, alleges the manufacturers and gun dealers sold handguns they knew would end up in the hands of criminals.

Gun manufacturers had sought to have the case dismissed under the Protection of Lawful Commerce in Arms Act. Passed by Congress in 2005, the law grants the industry broad protections from municipalities and victims seeking damages for gun-related violence.

Pete ruled that the law violates the due process and separation of powers clauses of the U.S. Constitution.

"(It) is clearly an act which was passed in response to pressure from the gun industry," he wrote in his decision last month.

A few cases filed elsewhere against the gun industry have been allowed to proceed under an exemption in the law, but Pete's ruling marked the first time the act was declared unconstitutional.

For background, start with this ILB from Nov. 15 and this one from Oct. 30th. As noted, the ILB has been unable to obtain a copy of the trial court opinion.

Posted by Marcia Oddi on November 27, 2006 07:39 AM
Posted to Ind. Trial Ct. Decisions