ILNews

Appeals court to hear Gary gun suit

Michael W. Hoskins
January 1, 2007
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A Lake County negligence and public nuisance suit against gun manufacturers and distributors is making its way to the Indiana Court of Appeals for the second time.

On Monday morning, a panel of Judges John Sharpnack, Ezra Friedlander, and Patricia Riley will consider Smith and Wesson Corporation, et al. v. Town of Gary, et al., 45A05-0612-CV-754. The 10 a.m. arguments will be in the Indiana Supreme Court courtroom.

Gary city officials sued in 1999 alleging that handgun manufacturers negligently designed and distributed the weapons and created a public nuisance by failing to take steps to prevent criminals from obtaining and misusing the products. Eleven manufacturers, one wholesaler, and five retailers were named as defendants.

The trial court dismissed the suit but was later reversed by the appellate courts, which remanded it to the trial level in late 2003. A new twist surfaced in 2005 after President George W. Bush signed the federal Protection of Lawful Commerce in Arms Act to prevent firearm-makers and dealers from being held liable for crimes committed with their products.

A different trial judge ruled in October 2006 that the federal law is unconstitutional and denied the dismissal request, holding that the statute would deprive the city of its right of due process and violated the separation of powers.

"Our Supreme Court has long recognized laws that are applied retroactively and ... serve as a deprivation of our existing rights are particularly unsuited to a democracy such as ours," Lake Superior Judge Robert Pete wrote.Now, on appeal, the city argues the federal law is unconstitutional and doesn't provide a basis to dismiss the case, while the U.S. argues as an intervenor that the law is constitutional.
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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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