Eric Holcomb
Indiana Gov. Eric Holcomb (AP Photo/Tom Davies)

The National Shooting Sports Foundation proudly did a well-earned victory lap publicizing the signing of a bill in Indiana to end the City of Gary’s 25-year-long nuisance lawsuit against the gun industry. Governor Eric Holcomb signed the bill, which will preempt local municipalities from filing lawsuits relating to guns and gun ownership.  Considering the City of Gary’s nuisance lawsuit was first filed in 1999, the measure was long overdue.

Of course, Big Gun Control isn’t handling the news well at all as their lawfare charade is coming to an end.

Those gun-hating tears taste delicious. Savor the moment.

Here’s the NSSF’s press release:

WASHINGTON, D.C. — NSSF, The Firearm Industry Trade Association, praises Indiana Gov. Eric Holcomb’s signing of House Bill 1235, legislation that “provides that only the state of Indiana may bring or maintain an action by or on behalf of a political subdivision against a firearm or ammunition manufacturer, trade association, seller, or dealer concerning certain matters.” The bill “prohibits a political subdivision from otherwise independently bringing or maintaining such an action.”

The industry members the City of Gary sued are expected to promptly file a motion to dismiss the case based on this new law that became effective immediately upon the Governor’s signature. Lawyers representing the city acknowledged in their testimony opposing the bill that if it were to be enacted it would mean the City of Gary’s lawsuit will be dismissed. The City of Gary’s nearly quarter-century old frivolous lawsuit against firearm manufacturers seeks to hold them responsible for the criminal actions of unrelated and remote third parties.

“This is a tremendous victory for common sense. The City of Gary never had a serious claim. Instead, it was committed to a losing strategy of lawfare to abuse the courts in order to force through gun control policy outside of legislative channels,” said Lawrence G. Keane, NSSF Senior Vice President & General Counsel. “NSSF is grateful for Indiana Rep. Chris Jeter for his leadership when he introduced this legislation, the Indiana legislature including Sen. Aaron Freeman for its commitment to the law and Governor Holcomb for his faithfulness to the principles of ensuring politically-motivated lawsuits don’t clog our courts and allow special-interests to circumvent the legislative authority reserved by the State of Indiana.”

The City of Gary, Ind., first filed their claims in 1999, as part of a coordinated effort by 40 big city mayors who conspired together through the U.S. Conference of Mayors with gun control activist from Brady United (formerly known as the Brady Center), lawyers and trial lawyers.

All these municipal lawsuits have either been dismissed by the courts, e.g., Atlanta, Chicago, New York, Los Angeles, San Fransico, Detroit and St. Louis, or simply dropped by several cities, e.g., Boston, Cincinnati and Camden. Many of these municipal lawsuits were dismissed based on state preemption laws enacted between the 1999 to 2001 time period upon which H.B. 1235 is modeled. Like H.B. 1235, these laws – that have been upheld by the courts – reserve to the state the exclusive authority to sue members of the industry except that they allow for breach of warranty and related claims for firearms a political subdivision purchased. 

Additionally, Congress passed in a broad bipartisan fashion, and President George W. Bush signed into law, the Protection of Lawful Commerce in Arms Act (PLCAA) in 2005. The PLCAA blocks lawsuits that attempt to hold firearm and ammunition industry companies liable for the criminal actions of third parties who misuse the industry’s lawful non-defective products. More specifically, this common-sense law ensures that responsible and law-abiding federally licensed manufacturers and retailers of firearms and ammunition are not unjustly blamed in federal and state civil actions for “the harm caused by those who criminally or unlawfully misuse” these products that function as designed and intended.

Who knows how many millions of dollars have been expended paying to defend against this nuisance lawsuit. It’s too bad the defendants can’t recoup those costs against the city’s leaders.

 

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19 COMMENTS

  1. Having visited Gary a few times, I’m willing to say that actions there involving a firearm are far more of a symptom than a cause. The place looks as if it were partially bombed out. I left as fast as I could.

    It would be interesting for gun rights groups to start suing gun control groups after mass shootings when their lobbying efforts create gun free zones.

  2. What the gun industry is trying to hide?
    Do these people think there are buried studies showing ammunition contains highly addictive nicotine or that pistol grips have been shown to cause digit cancers or something?

    I’m sure anyone involved of even the most basic level of intelligence understands this was just bleed the beast style lawfare but I’m also sure as there are “experts” who go on television and explain magazines are single use, Teflon melts kevlar and we should fear shoulder things going up that there must be those who truly believe there is some secret chest of studies and figures that will take down the enemy. Maybe they’re in a box next to Joe’s Corvette or about to be burned at Bohemian Grove.

    • This lawsuit was frivolous beyond any semblance of reality. And Cabelas eagerly turned over sales records to the corrupt Gary. This bs likely hastened the demise of Westforth Gunshop in Calumet Township(rural Gary). That & the garbage suit from Chiraq. Dims blaming the law abiding for their sin’s is never a good look!

    • Enough time for a self-serving bureaucracy to form? The decision will probably end some lucrative careers.

  6. The bad news (and it is very bad) is that it took an act of legislature to halt this legal obscenity.

    Next up – suing Samsung and ATT for distracted driving.

  7. Where is the RICO action against this failed “big cities”. Dept of “Justice” too busy?

    • Egg-zackly. The cartels are known to kill people headed north, who haven’t paid them their “fees”.

      If that doesn’t tell someone what sanctuary cities are all about, what the hell will?

  8. I think there have been mentions of this lawsuit here in the past, maybe even an article by Boch? Can someone explain why the City was able to persist for nearly 20 years after the PLCAA became law? Is there a loophole or something that the state legislation closed?

  9. The worst example of a shitbox for a city in the country. Another Democrap example of what not to do.

  10. I was driving cross country in the late 70s and smelled something awful. Then I saw the sign-Gary IN. next exit. Held the gas pedal down for 15 minutes till the odor subsided. no lie.

    • rotten egg sulphur stench, profound. there was some live lobster place my folks liked down there, my siblings and i strongly objected to those forays. mucous membrane assault.

  12. This new law and the almost certain dismissal of the frivolous lawsuit are good news, but the real problem is that this case managed to stay alive in the courts for so long at all. No legal proceeding should ever take that long to resolve.

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