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. Your article is a good intro the recent amendments to Fed.R.Civ.P. For a much longer - though not necessarily better -- summary, counsel might want to read THE CHIEF UMPIRE IS CHANGING THE STRIKE ZONE, which I co-authored and which was just published in the January issue of THE VERDICT (the monthly publication of the Indiana Trial Lawyers Association).

  2. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  3. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  4. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  5. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

ADVERTISEMENT