NSSF Commends Indiana Court for Dismissing Gary's Gun Lawsuit After 26 Years

In a significant legal development, the National Shooting Sports Foundation (NSSF) has expressed its approval of the Indiana Court of Appeals’ unanimous ruling that has put an end to a prolonged legal battle initiated by the City of Gary, Indiana. The lawsuit, which has lingered for an astounding 26 years, aimed to hold firearm manufacturers accountable for the criminal activities committed by individuals unrelated to those companies.

The court's ruling was influenced by the recently enacted legislation, strongly supported by the NSSF, which asserts that only the state of Indiana is permitted to initiate lawsuits against members of the firearm industry. This pivotal ruling directs the trial court to dismiss the long-running public nuisance case, Smith & Wesson Corp. v. City of Gary, as it lacked any substantial evidence to support the claims raised over these multiple decades.

Lawrence G. Keane, NSSF Senior Vice President and General Counsel, stated, "This is a tremendous day for the rule of law, common sense, and the firearm industry." He emphasized that the City of Gary's claims had never been grounded in reality, portraying the city's legal approach as a futile attempt to leverage the courts to enforce gun control policies outside legislative frameworks. Keane also expressed gratitude to Indiana Attorney General Todd Rokita for his robust defense of the law that brought about this ruling.

The origins of this lawsuit date back to 1999 when the City of Gary embarked on a coordinated effort along with over 40 major city mayors. This group sought to impose stricter gun controls by targeting firearm manufacturers through litigation, aligning with the advocacy efforts of gun control activists. However, similar lawsuits filed by various municipalities, including those in cities such as Atlanta, Chicago, New York, and Los Angeles, have either been dismissed or abandoned over time, demonstrating a trend towards the dismissal of such claims against the firearm industry.

The legislative backdrop for this ruling is highlighted by House Bill 1235, signed into law in 2024 by former Indiana Governor Eric Holcomb. This law explicitly grants the authority to only the state of Indiana to identify members of the firearm industry, including manufacturers and trade associations, as parties against which a lawsuit can be filed. This effectively nullifies the City of Gary's previously unfounded legal pursuits.

Additionally, a significant legal framework is buttressed by the federal Protection of Lawful Commerce in Arms Act (PLCAA), enacted in 2005 with bipartisan support. This law serves to protect firearm manufacturers and retailers from being held accountable for the wrongful acts of third parties, further solidifying the legal principles underscoring the Indiana court's recent decision.

As a leading voice for the firearm industry, the NSSF continues to champion the rights of responsible gun manufacturers and emphasizes the importance of separating the accountability of lawful commerce from the criminal misuse of its products. This latest court decision serves as a precedent for maintaining legal clarity and reinforces the boundaries within which firearm industry participants operate.

With a broad coalition of manufacturers, retailers, and advocates, the NSSF remains committed to fostering an environment that supports lawful gun ownership and asserts that the court's ruling not only benefits the industry but upholds the principles of justice and the rule of law in America.

About NSSF

NSSF has been the trade association for the firearm industry since 1961, representing a diverse membership that includes manufacturers, distributors, firearm retailers, shooting ranges, and gun owners nationwide. As an organization, NSSF works towards promoting and preserving safe and responsible hunting and shooting sports practices. For further information, interested parties can visit nssf.org.