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The Indiana Court of Appeals will hear oral arguments Tuesday in the latest chapter of the City of Gary’s 25-year effort to hold gun manufacturers and sellers liable for firearms later used in crimes.
Gary filed the lawsuit in 1999 against 11 gun manufacturers, a wholesaler, five retailers and others, alleging they knowingly designed, marketed or sold firearms in ways that fueled illegal trafficking. Since then, the case has survived three separate appeals over motions for judgment on the pleadings — most recently in 2019 — with appellate courts repeatedly allowing Gary to proceed under a public-nuisance theory.
The new dispute centers on a 2024 Indiana law that bars cities and counties from suing firearm manufacturers, sellers, dealers or trade associations. Under the statute, only the state may bring such actions. Lawmakers also made the restriction retroactive, applying it to any lawsuit filed “before, after, or on August 27, 1999.”
Despite that directive, Lake Superior Judge John Sedia refused to dismiss the case in August 2024. He ruled that while Gary had not shown the statute to be unconstitutional on its face, applying it retroactively to terminate a decades-old lawsuit would violate the city’s vested rights and “result in manifest injustice.” Sedia wrote the General Assembly “cannot end this lawsuit,” concluding it must be allowed to run its course.
The gun-industry defendants appealed, and the state — supporting the new law — intervened as an appellant.
The case has drawn strong political reaction. Attorney General Todd Rokita urged the Court of Appeals in February to throw out Gary’s lawsuit, arguing the legislature defines the powers cities may exercise and has expressly barred local governments from suing the gun industry.
“The City of Gary cannot, then, choose to exercise powers that the legislature expressly has forbidden,” Rokita said.
Democrats criticized the statute before its passage, calling it an attempt to quash the only remaining municipal gun-industry lawsuit in the country. State Sen. Rodney Pol, D-Chesterton, labeled the measure an overreach into the judiciary and noted it was drafted to take effect retroactively just days before Gary filed suit in 1999.
Oral arguments are scheduled for 1 p.m. Tuesday in the Court of Appeals courtroom.
The case is Smith & Wesson Corp., et al. v. City of Gary, Indiana, 24A-CT-2381.
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