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Monday, January 12, 2009

Ind. Decisions - More on Supreme Court gun ruling

Updating the ILB entry immediately below, Jon Murray of the Indianapolis Star now reports:

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. * * *

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

Posted by Marcia Oddi on January 12, 2009 07:21 PM
Posted to Ind. Sup.Ct. Decisions