INDIANAPOLIS - The Indiana Court of Appeals ruled that a lawsuit by the city of Gary against several gun makers can proceed to trial.
The court ruled 3-0 Monday that a provision in the federal Protection of Lawful Commerce in Arms Act of 2005 does not bar the case from going forward in state court. The federal law grants the industry broad protections from municipalities and victims seeking damages for gun-related violence.
The Court of Appeals cited a prior ruling by the Indiana Supreme Court that said Indiana's public nuisance laws could apply to the city of Gary's claims and found that the federal law did not bar the city from taking legal action.
The National Shooting Sports Foundation, a trade association for the firearms and recreational shooting sports industry, said the appeals court did not properly apply a federal law as Congress intended.
"Gary's frivolous lawsuit is the poster child for the Protection of Lawful Commerce in Arms Act," said Lawrence Keane, senior vice president and general counsel for the foundation. "Gary's lawsuit seeks to blame manufacturers for the actions of criminals who misuse firearms. It is like blaming car makers for drunk driving accidents."
Keane said the ruling would be appealed to the Indiana Supreme Court. He said he hoped the state's high court would rule differently because of the retroactive federal law.
