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Court denies transfer to gun suit

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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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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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