ILNews

Court rules on gun manufacturer suit

Jennifer Nelson
January 1, 2007
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
The Court of Appeals upheld a trial court's decision to deny handgun manufacturers' motion to dismiss a public nuisance suit brought by the city of Gary. The court determined Indiana's public nuisance statute is applicable to the sale or marketing of firearms for purposes of the Protection of Lawful Commerce in Arms Act.

At issue in Smith & Wesson Corp. et al. & United States of America v. City of Gary, Indiana by its mayor, Rudy Clay, 45A05-0612-CV-754, was whether the PLCAA, 15 U.S.C. 7901-7903, barred Gary's nuisance claims against the manufacturers.

Gary had filed a suit against handgun manufacturers, one wholesaler, and retailers alleging the defendants knowingly sold guns to illegal buyers through intermediaries in "straw purchases," which is selling a gun knowing that the buyer will give the gun to someone who is not legally allowed to purchase one.

Gary first brought the suit in September 1999, and the Indiana Supreme Court held the city could proceed on its negligence and negligent design claims and reversed the trial court's dismissal of the city's public nuisance charge against the manufacturers, determining manufacturers should be included in the claim.

In 2005, Congress passed the PLCAA, which was created to protect handgun manufacturers, distributors, dealers, and importers from lawsuits because of handgun misuse or criminal activity. PLCAA included a "predicate exception," that said a "qualified civil liability action" would not include "any action in which a manufacturer or seller of a qualified product knowingly violated a State or Federal Statue applicable to the sale or marketing of the product ... ." 15 U.S.C. 7903(5)(A)(iii).

The manufacturers moved to dismiss the city's complaint, citing PLCAA. The trial court denied the motion because it found PLCAA to be unconstitutional and implied the act was applicable to the city's claims. The manufacturers appealed, arguing the predicate exception doesn't apply to the city's public nuisance claim.

The Court of Appeals determined Indiana's public nuisance statute, as applied by the Indiana Supreme Court to the alleged conduct of the manufacturers, is applicable to the sale or marketing of firearms for purposes of the PLCAA. Judge John Sharpnack wrote in the opinion the word "applicable" is unambiguous in the predicate exception and on the face of the language, Indiana's public nuisance statute appears applicable.

PLCAA was designed to protect manufacturers engaged in lawful sales of handguns, but the city alleges the manufactures were knowingly participating in unlawful sales of handguns to illegal buyers, so the predicate exception would not apply, wrote Judge Sharpnack.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

  2. Today, I want to use this opportunity to tell everyone about Dr agbuza of agbuzaodera(at)gmail. com, on how he help me reunited with my husband after 2 months of divorce.My husband divorce me because he saw another woman in his office and he said to me that he is no longer in love with me anymore and decide to divorce me.I seek help from the Net and i saw good talk about Dr agbuza and i contact him and explain my problem to him and he cast a spell for me which i use to get my husband back within 2 days.am totally happy because there is no reparations and side-effect. If you need his help Email him at agbuzaodera(at)gmail. com

  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

ADVERTISEMENT