Indiana Supreme Court allows gun lawsuit to proceed to trial

A decade-old lawsuit filed against a group of gun manufacturers by the city of 
Gary will proceed to trial, the Indiana Supreme Court ruled Jan. 12, overturning 
a 2007 ruling by the Indiana Court of Appeals.

The suit, which challenges several precedents set throughout the country in 
favor of gun manufacturers in recent years, alleges the companies are a public 
nuisance, engaging in irresponsible sales practices by funneling guns to 
ineligible buyers via gun dealers.

Gary first brought the suit in 1999 after police conducted a videotaped sting 
operation catching gun dealers participating in “straw purchases” – selling guns 
to intermediaries who provide them to purchasers who are disqualified by prior 
convictions or inability to pass a background check.

Gary also sued major gun manufacturers who allegedly sold handguns through those 
dealerships.

However, videotapes from the sting might only incriminate the dealerships, not 
necessarily the manufacturers themselves.

Brian Siebel, senior attorney for the Brady Center to Prevent Gun Violence and 
co-counsel representing the city of Gary, said two undercover police officers 
entered the gun stores with the intention of purchasing a firearm. The first 
officer approached a salesperson, making it clear that the gun was intended for 
the second officer, who could not legally purchase it himself.

The suit has dragged on for almost 10 years due to several challenges by the 
manufacturers.

Following the 2005 passage of the Protection of Lawful Commerce in Arms Act, 
which shielded gun manufacturers from liability for crimes committed with their 
guns, manufacturers moved to dismiss the case, claiming the act barred the city’s 
public nuisance claim.

In October 2007, the Indiana Court of Appeals ruled that the case could proceed 
to trial because the city’s public nuisance claim falls under an exception in 
the act applying to the sale and marketing of firearms.

Last week’s Indiana Supreme Court ruling was a denial of the gun
manufacturers’ appeal of the 2007 ruling.

According to the Department of Justice’s Bureau of Alcohol, Tobacco and 
Firearms, about 1 percent of the nation’s gun stores are the source of 57 
percent of the firearms traced to crimes.

Siebel said the concentration of gun crimes in Indiana is particularly 
troubling.

“There is no place in this country for gun dealers willing to sell to straw 
buyers,” Siebel said. “They should be put out of business and prosecuted. If 
these dealers were not selling to ineligible buyers, it would make it harder for 
gang members and criminals to
get their guns.”

But James Dorr, trial counsel for defendant manufacturer Sturm, Ruger & Co. and 
coordinating counsel for the manufacturer defendants in the case, said it is not 
fair to hold manufacturers responsible for the criminal acts of others. He said 
Congress passed the Protection of Lawful Commerce in Arms Act specifically to 
prohibit lawsuits like City of Gary v. Smith & Wesson.

“I am quite confident the defendant manufacturers will prevail in this 
litigation,” Dorr said. “There is no basis in law or in fact for the claims 
against the manufacturers. The claim that the defendant manufacturers are 
somehow complicit in illegal activities is misplaced, a waste of valuable 
resources and contrary to the record of these defendants.”

Dorr said that when the case goes to trial, the city of Gary will fight against 
a precedent in favor of gun manufacturers. Of the more than 30 governmental 
entities or organizations that have brought similar claims against gun 
manufacturers since the passage of the Protection of Lawful Commerce in Arms Act 
in 2005, none have prevailed.

Nevertheless, Siebel remains confident about the City of Gary’s claims against 
the gun industry.

“This suit is about keeping dangerous guns away from dangerous people and drying 
up the illegal market,” said Siebel. “We intend to establish in court the 
wrongdoing of the gun industry.”

"_ Prof. Jonez _"  wrote in message 
news:6tlf1rFb3901U1@mid.individual.net...
> Indiana Supreme Court allows gun lawsuit to proceed to trial
<snip>

Provide a link numb nuts (it is not that I don't trust you, it is just that 
you deceive consistently)

betweentheeyes wrote:
> "_ Prof. Jonez _"  wrote in message
> news:6tlf1rFb3901U1@mid.individual.net...
>> Indiana Supreme Court allows gun lawsuit to proceed to trial
> <snip>
>
> Provide a link numb nuts (it is not that I don't trust you, it is
> just that you deceive consistently)

Google is sometimes your friend

"A decade-old lawsuit filed against a group of gun manufacturers by the city 
of Gary will proceed to trial, the Indiana Supreme Court ruled Jan. 12, 
overturning a 2007 ruling by the Indiana Court of Appeals."

http://www.idsnews.com/news/story.aspx?id=65520&comview=1

No biggie, though. This particular suit has been going on for ten years.

I agree with you, however, that it's better to provide a link to the 
original article than to quote the article in its entirety. For two reason:

1. It add a patina to believability to the story, and
2. So doing doesn't violate copyright rules or illuminate one's disrespect 
for civil concepts or the rule of law.

betweentheeyes wrote:
> "_ Prof. Jonez _"  wrote in message
> news:6tlf1rFb3901U1@mid.individual.net...
>> Indiana Supreme Court allows gun lawsuit to proceed to trial
> <snip>
>
> Provide a link numb nuts (it is not that I don't trust you, it is
> just that you deceive consistently)

Google it yourself, numbnuts.

Meanwhile - thousands more americans are killed each year by cars than
by guns and yet these lib do-gooders ignore that.  Why don't they sue
the auto-makers for building cars that do twice the legal speed
limit?  There's irresponsible.

Speeders & Drunk Drivers are MURDERERS wrote:
> Meanwhile - thousands more americans are killed each year by cars than
> by guns and yet these lib do-gooders ignore that.  Why don't they sue
> the auto-makers for building cars that do twice the legal speed
> limit?  

Twice? Mine will do at least THREE times. SEVEN times in the city.

No cup holders, though. I have to keep my beer between my thighs.

"Tim Miller" <replytonewsgroup@invalid.invalid> wrote in message 
news:gl6355$pvr$1@news.motzarella.org...
> Speeders & Drunk Drivers are MURDERERS wrote:
>> Meanwhile - thousands more americans are killed each year by cars than
>> by guns and yet these lib do-gooders ignore that.  Why don't they sue
>> the auto-makers for building cars that do twice the legal speed
>> limit?
>
> Twice? Mine will do at least THREE times. SEVEN times in the city.
>
> No cup holders, though. I have to keep my beer between my thighs.

What an amateur. If you keep your beer there, then how is your girl friend 
suppose to go down on you?

Free Clue: Beer in right hand, cell phone in left, turn up the stereo, have 
her go down on you, drive with your knees and hammer down. Nothing better.

Sheese no wonder traffic moves so slowly.

Scout wrote:
> "Tim Miller" <replytonewsgroup@invalid.invalid> wrote in message 
> news:gl6355$pvr$1@news.motzarella.org...
>> Speeders & Drunk Drivers are MURDERERS wrote:
>>> Meanwhile - thousands more americans are killed each year by cars than
>>> by guns and yet these lib do-gooders ignore that.  Why don't they sue
>>> the auto-makers for building cars that do twice the legal speed
>>> limit?
>> Twice? Mine will do at least THREE times. SEVEN times in the city.
>>
>> No cup holders, though. I have to keep my beer between my thighs.
> 
> What an amateur. If you keep your beer there, then how is your girl friend 
> suppose to go down on you?
 >
> Free Clue: Beer in right hand, cell phone in left, turn up the stereo, have 
> her go down on you, drive with your knees and hammer down. Nothing better.

F1 tranny. Paddle shifters.

I still can't figure out why they couldn't add a $2 cup holder
to a $100k car.

"Tim Miller" <replytonewsgroup@invalid.invalid> wrote in message 
news:gl7308$pvm$1@news.motzarella.org...
> Scout wrote:
>> "Tim Miller" <replytonewsgroup@invalid.invalid> wrote in message 
>> news:gl6355$pvr$1@news.motzarella.org...
>>> Speeders & Drunk Drivers are MURDERERS wrote:
>>>> Meanwhile - thousands more americans are killed each year by cars than
>>>> by guns and yet these lib do-gooders ignore that.  Why don't they sue
>>>> the auto-makers for building cars that do twice the legal speed
>>>> limit?
>>> Twice? Mine will do at least THREE times. SEVEN times in the city.
>>>
>>> No cup holders, though. I have to keep my beer between my thighs.
>>
>> What an amateur. If you keep your beer there, then how is your girl 
>> friend suppose to go down on you?
> >
>> Free Clue: Beer in right hand, cell phone in left, turn up the stereo, 
>> have her go down on you, drive with your knees and hammer down. Nothing 
>> better.
>
> F1 tranny. Paddle shifters.

No problem. Hold beer in left hand until you hit 6th, then shift beer to 
right and and active cell phone.

Gotta think outside the box, dude.


> I still can't figure out why they couldn't add a $2 cup holder
> to a $100k car.

Because a real driver knows not to put his beer down.

:-)

Speeders & Drunk Drivers are MURDERERS wrote:
> Meanwhile - thousands more americans are killed each year by cars than
> by guns and yet these lib do-gooders ignore that.  Why don't they sue
> the auto-makers for building cars that do twice the legal speed
> limit?  There's irresponsible.


In lots of places, the speed limit is posted at 10 (and lower) MPH.
  Therefore, you're a drunken retard.

On Tue, 20 Jan 2009 16:38:06 -0500, betweentheeyes wrote:

> "_ Prof. Jonez _"  wrote in message
> news:6tlf1rFb3901U1@mid.individual.net...
>> Indiana Supreme Court allows gun lawsuit to proceed to trial
> <snip>
> 
> Provide a link numb nuts (it is not that I don't trust you, it is just
> that you deceive consistently)

Heh!  Way back when, the back road from Ft Huachuca to Tombstone had a 
right hand turn with a limit sign showing "5".  I was driving a Corvair 
then, and figured I could do at least 25.  So I made the turn, 
immediately hit a railroad track, lost traction, and slid off the road 
sideways headed for a telephone pole.  Fortunately, I got the car 
straightened out and just missed the phone pole.

Sometimes the signs are useful.  They prevent you from having to replace 
a perfectly good pair of pants.

-- 
"Those who cannot remember the past are condemned to repeat it."
George Santayana, 1863 - 1952

Cheers,
Bama Brian
Libertarian

Tim Miller wrote:
> Scout wrote:
>> "Tim Miller" <replytonewsgroup@invalid.invalid> wrote in message
>> news:gl6355$pvr$1@news.motzarella.org...
>>> Speeders & Drunk Drivers are MURDERERS wrote:
>>>> Meanwhile - thousands more americans are killed each year by cars
>>>> than by guns and yet these lib do-gooders ignore that.  Why don't
>>>> they sue the auto-makers for building cars that do twice the legal
>>>> speed limit?
>>> Twice? Mine will do at least THREE times. SEVEN times in the city.
>>>
>>> No cup holders, though. I have to keep my beer between my thighs.
>>
>> What an amateur. If you keep your beer there, then how is your girl
>> friend suppose to go down on you?
>>
>> Free Clue: Beer in right hand, cell phone in left, turn up the
>> stereo, have her go down on you, drive with your knees and hammer
>> down. Nothing better.
>
> F1 tranny.

Figures you'd be into deviant perversions ...