Appeals Court Dismisses Gary’s 26-Year Battle Against Gun Industry
INDIANAPOLIS — A legal battle that spanned more than a quarter-century finally reached its conclusion this week. The Indiana Court of Appeals has officially shut the door on the City of Gary’s long-standing lawsuit against the firearm industry.
The unanimous ruling makes a definitive end to a case that began in 1999. At one point, this was the last remaining municipal lawsuit of its kind in the United States. The city had spent decades trying to hold manufacturers and sellers responsible for violence, aiming to force changes in how guns are marketed and sold.
The court’s move follows a 2024 law passed by state legislators that effectively stripped cities of the power to sue the firearms industry, reserving that right solely for the state government. By making the law retroactive to August 27, 1999, just three days before the city first filed its claim, lawmakers ensured the Gary case would have no path forward.
“The Indiana Court of Appeals has unanimously ruled in our favor, dismissing the City of Gary’s 26-year-old lawsuit against law-abiding firearm manufacturers and sellers,” Rokita said Monday. “This decision upholds the General Assembly’s legislation that states only the State of Indiana, not individual cities, may pursue such actions against the firearms industry. This result helps to ensure that firearms remain available to law-abiding citizens, preventing a single city or handful of cities from using lawsuits to force changes to the way they are sold. Our office will continue defending your constitutional rights and keeping firearms accessible to responsible, law-abiding citizens.”
Solicitor General James Barta, who argued the appeal, noted that “This unanimous ruling confirms the legislature’s clear intent and authority to preempt local governments from bringing these types of lawsuits, ensuring uniform statewide policy and protecting the rights of law-abiding Hoosiers from piecemeal litigation that could restrict access to firearms.”
While the city spent decades fighting to see internal records from these companies, the court’s decision settles the matter. Judges confirmed that the state legislature has the final say on who can bring these types of lawsuits.
