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Court denies transfer to gun suit

January 13, 2009

The Indiana Supreme Court denied transfer Monday to a gun suit out of Gary which has been ongoing since 1999.

According to the docket entry for Smith and Wesson, et al. v. City of Gary, No. 45A05-0612-CV-754, the high court denied transfer. Justice Frank Sullivan voted in favor of granting transfer and Justice Theodore Boehm voted to hold the case for resolution of litigation pending in the United States Supreme Court. The denial was announced in a press release by the Brady Center to Prevent Gun Violence.

The City of Gary suit alleges handgun manufactures negligently designed and distributed weapons and created a public nuisance by failing to take steps to prevent criminals from getting the guns. The suit was originally dismissed by the trial court and later reversed by the appellate courts. In 2006, on remand, a different trial court ruled that the 2005 federal Protection of Lawful Commerce in Arms Act was unconstitutional and allowed the suit to proceed. The appellate court affirmed the ruling in October 2007.

According to the U.S. Supreme Court docket, both the City of New York, and Bryant Lawson and other individual plaintiffs from a District of Columbia suit filed a petition for writ of certiorari in October 2008. The gun suits from New York City and the District of Columbia date back to 2000.

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