Lawsuit against gun manufacturers filed by my hometown goes to trial


Thank God I'm alive!
I've been reading about this case on and off for the past several years and to this day I continue to shake my head in amazement that our mayor continues to blame the gun manufacturers and gun stores for our city's high murder rate. And, perhaps most unsurprisingly, the Brady Bunch is involved

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Almost 10 years after city officials filed a lawsuit against gun makers and local dealerships, a new ruling by the Indiana Supreme Court will allow the case to proceed to trial in Lake County.

The Brady Center to Prevent Gun Violence announced Monday the Supreme Court rejected an argument that the gun industry is shielded from liability under federal law for gun sales that are used in criminal activity.

The court's ruling allows an appellate court ruling to stand.

The case dates back to August 1999, when then Mayor Scott King announced results of an undercover police operation at several area gun stores where detectives bought handguns while revealing certain?"facts" that should prohibit them from ownership.

In October 2007, the Indiana Court of Appeals ruled the Protection of Lawful Commerce in Arms Act should not prevent the city from arguing that certain sales practices violate the state's public nuisance law.

The ruling allows the lawsuit that names 16 manufacturers and six area stores to proceed to trial. The original case was filed in Lake Superior Court in East Chicago. Lawyers from the Brady Center's Legal Action Project represent the city of Gary in the case.

"The Indiana Supreme Court's ruling is an important victory for the people of Gary and particularly those who have suffered from the gun industry's supply of guns to criminals and gun traffickers," said Paul Helmke, president of the Brady Center and former mayor of Fort Wayne. "When the gun industry violates the law and allows dangerous people easy access to illegal firearms, it should be held accountable," he said.

Tony Walker and Lukas Cohen, of the Walker Law Group in Indiana, and Robert S. Peck of the Center for Constitutional Litigation, serve as co-counsel with the Brady Center in the case.

It sounds as if the gun shops were being "set up" from the very beginning. Time to find a more oc- or cc-friendly state in which to live?
It sounds as if the gun shops were being "set up" from the very beginning. Time to find a more oc- or cc-friendly state in which to live?

It's not so much the entire state as it is this particular county; Indiana is quite gun friendly otherwise. Gary and East Chicago have assault weapons bans that were grandfathered when the state passed its preemption law back in the 90s.

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