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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. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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