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Tuesday, January 12, 2016

Ind. Gov't. - "Why Indy is worried the NRA could sue the city" Or, why is Indy worried?

That is the heading of Brian Eason's story in the Indianapolis Star. Some quotes:

A little known provision of a 2011 Indiana gun statute has made it easier for groups like the National Rifle Association to sue cities if they pass their own firearm regulations.

Now, five years later, that provision has come into sharp focus as Indianapolis looks for new ways to combat rising gun violence without running afoul of the law and risking a costly lawsuit.

The state pre-emption law — like many others like it around the country — prevents local government agencies from regulating guns, giving the General Assembly complete control over gun-related matters. But it also contained unusual language giving gun membership organizations special standing in court to sue cities and counties that attempt to pass their own regulations.

So what does that matter? It depends on whom you ask.

Some view the provision as usurping the typical process of establishing court standing.

Others see it as a fairly minor shift — after all, interest groups such as the NRA, American Civil Liberties Union and Sierra Club sue all the time on behalf of their members. And as long as they follow state law, cities shouldn't have to worry about a lawsuit.

Posted by Marcia Oddi on January 12, 2016 08:49 AM
Posted to Indiana Government