Ind. Decisions - Brady Center announces Supreme Court gun ruling

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  • 4sarge

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    Ind. Decisions - Brady Center announces Supreme Court gun ruling


    The Brady Center has issued this news release, but I can find no opinion online. At second glance, I see -- it is a denial of transfer:
    Indiana Supreme Court Denies Gun Manufacturers' Appeal Of Gary, Indiana's Lawsuit: First State Supreme Court to Reject Application of Federal Gun Industry Shield Law
    Washington, D.C. - In a landmark ruling today, the Indiana Supreme Court ruled that the City of Gary’s lawsuit against gun manufacturers may proceed to trial. The Court refused to hear a challenge to the Indiana Court of Appeals’ October 2007 ruling rejecting gun industry claims that the federal Protection of Lawful Commerce in Arms Act shields the gun industry from liability for irresponsible sales practices that funnel guns to the criminal market.
    In a major setback to the gun industry, the Indiana Supreme Court refused the gun manufacturers’ petition to transfer the case, instead allowing the Court of Appeals ruling to stand. The Court of Appeals held on October 29, 2007, that the Protection of Lawful Commerce in Arms Act does not shield gun manufacturers from liability for sales practices that knowingly violate Indiana’s public nuisance statute. The ruling by the Supreme Court today allows Gary, Indiana’s lawsuit against sixteen gun manufacturers and six northern Indiana gun dealers to proceed to trial. 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, Indiana. “When the gun industry violates the law and allows dangerous people easy access to illegal firearms, it should be held accountable.”
    Brian J. Siebel, Senior Attorney with the Brady Center to Prevent Gun Violence and co-counsel representing the City of Gary, stated: “After years of delay caused by numerous rejected gun industry appeals, the citizens of Gary may finally have their day in court and help put an end to the unlawful practices of gun makers that funnel guns into the criminal market.”
    This is the second ruling by the Indiana Supreme Court in this case. It unanimously ruled in Gary v. Smith & Wesson Corp. in December 2003 that the City stated valid claims alleging “that the Manufacturers knowingly participated in a distribution system that unnecessarily and sometimes even intentionally provided guns to criminals, juveniles, and others who may not lawfully purchase them.”
    Gary’s case began with a sting conducted by Gary police of northern Indiana gun dealers that, between them, supplied more than 60 percent of the crime guns recovered in the city. The dealers’ sales to undercover officers posing as “straw purchasers” was captured on videotape before the suit was filed, and confirmed the dealers’ gross misconduct in supplying the underground market. Gary also sued the major gun manufacturers who sold handguns through these dealerships and profited from the diversion of guns to criminals.
    The case is SMITH AND WESSON ET AL. -V- CITY OF GARY, Interlocutory, Case Number: 45 A 05 - 0612 - CV - 00754.

    The Court of Appeals ruling was issued on Oct. 29, 2007. See ILB entry here.
    Here is a list of ILB entries on the case, going back to 2004.

    And here is today's Supreme Court order:
    THIS MATTER HAS COME BEFORE THE INDIANA SUPREME COURT ON A PETITION TO TRANSFER JURISDICTION FOLLOWING THE ISSUANCE OF A DECISION BY THE COURT OF APPEALS.
    THE PETITION WAS FILED PURSUANT TO APPELLATE RULE 57.
    THE COURT HAS REVIEWED THE DECISION OF THE COURT OF APPEALS. ANY RECORD ON APPEAL THAT WAS SUBMITTED HAS BEEN MADE AVAILABLE TO THE COURT FOR REVIEW, ALONG WITH ANY AND ALL BRIEFS THAT MAY HAVE BEEN FILED IN THE COURT OF APPEALS AND ALL THE MATERIALS FILED IN CONNECTION WITH THE REQUEST TO TRANSFER JURISDICTION.
    EACH PARTICIPATING MEMBER OF THE COURT HAS VOTED ON THE PETITION. EACH PARTICIPATING MEMBER HAS HAD THE OPPORTUNITY TO VOICE THAT JUSTICE'S VIEWS ON THE CASE IN CONFERENCE WITH THE OTHER JUSTICES. BEING DULY ADVISED, THE COURT NOW DENIES THE APPELLANT'S PETITION TO TRANSFER OF JURISDICTION.
    RANDALL T. SHEPARD, CHIEF JUSTICE SHEPARD, C.J., DICKSON AND RUCKER, JJ., CONCUR.
    SULLIVAN, J., VOTES TO GRANT TRANSFER.
    BOEHN, J., VOTES TO HOLD THE CASE FOR RESOLUTION OF LITIGATION PENDING IN THE U.S. SUPREME COURT. KM
    Posted by Marcia Oddi on January 12, 2009 04:59 PM
    Posted to Ind. Sup.Ct. Decisions | Indiana Transfer Lists
     

    CarmelHP

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    Carmel
    Appeal from a state supreme court on a federal question are appealable to the U.S. Supreme Court. I wonder if they'll pursue it there.
     

    Bill of Rights

    Cogito, ergo porto.
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    Where's the bacon?
    If the dealers knowingly completed "straw purchase" sales, then yes, those dealers should be held accountable. S&W is no more responsible for the dealers' criminal actions (if any) than Stanley tools is responsible when someone commits murder with one of their hammers.

    Jury nullification, anyone?

    Blessings,
    B
     

    SavageEagle

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    Isn't Gary, IN actually part of Illinois annexation of the country?

    If you've been there you would think so. Personally, I say we convince Mitch to sell it to Illinois. Nice chuck of money for us, less criminals in our justice system!

    :rockwoot:

    And Bill, I like your analogy. I was thinking the same lines, but I was thinking more, Nail gun.... :D

    This will be interesting how this plays out.
     

    esigler

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    Who apointed these stupid judges!!!! Does anyone really understand justice anymore. Is everything open to interpatation? Is there black and white, wrong and right? There was this passage in a book written a couple of thousand years ago, EZ 18 it talks about how fathers arnt responsible for there sons sins and vise versa! Nobody is just responsible on there own, we have to go after another? When did this become the norm?
     

    jedi

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    Good news!!! Hurray! Now perhaps The City Of gary can recoup millions from the Gun Dealers and Mftc and get themselves of out bankrupty and pay thier fire department and police force.

    Oh wait what the heck am I talking about. Major Clay of gary will just use this money to buy... <drum roll please>>

    another HUMMER!!!

    FYI for all you non-lake country Hoosiers.
    The Major of Gary went to Indy last week to plea with the state for money as the city is about to file for BANKRUPTCY. Do you know what the local paper reported on the very next day after the major came back?

    Well turns out that the city may be strapped for case but the city the day after the major when to Indy bought a NEW HUMMER (~30K) for the mayor!
     

    StarKing

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    If you've been there you would think so. Personally, I say we convince Mitch to sell it to Illinois. Nice chuck of money for us, less criminals in our justice system!

    Now there's a truly excellent idea.
    Even better let's sell them all of "The Zone", and be done with it!
    Perhaps we could go another step and sell the combination to Canada, along with that lame character they sent to DC. :laugh:
     

    4sarge

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    Good news!!! Hurray! Now perhaps The City Of Gary can recoup millions from the Gun Dealers and Mftc and get themselves of out bankruptcy and pay their fire department and police force.

    Oh wait what the heck am I talking about. Major Clay of Gary will just use this money to buy... <drum roll please>>

    another HUMMER!!!

    FYI for all you non-lake country Hoosiers.
    The Major of Gary went to Indy last week to plea with the state for money as the city is about to file for BANKRUPTCY. Do you know what the local paper reported on the very next day after the major came back?

    Well turns out that the city may be strapped for case but the city the day after the major when to Indy bought a NEW HUMMER (~30K) for the mayor!

    :xmad: What, you think that YOUR Mayor shouldn't Travel in Style :D at Taxpayer Expense
    - That's why they raise Taxes - Government Convenience
     
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    Arkansas had a GOV (Clinton) getting HUMMERS in office and the people had a problem with that. Now Governors in office are driving HUMMERS and people have a problem with that! What does a guy have to do to get or drive a HUMMER?????

    ;)
     

    jedi

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    :xmad: What, you think that YOUR Mayor shouldn't Travel in Style :D at Taxpayer Expense
    - That's why they raise Taxes - Government Convenience

    He ain't my mayor! I'm not crazy enough to live in Gary. Sadly my town is in the same township as Gary and I get screwed come tax time to pay for all those bums in Gary (not the people but the politicians!).

    Anotehr FYI for you non-lake county folks.
    The Major of gary gets not 1, not 2 but 3 PAYCHECKS from the City of Gary and Northern Township!
    1) Paycheck for being the Mayor of Gary
    2) Paycheck for being the Director of WaterWorks
    (I think that is the title the prior director quit and the major just appointed himself with **NO** experience/qualifications!)
    3) Paycheck from the township for not quiet sure what.

    Plus he gave his wife a post in the city so that is check #4 and Clay Jr. (son) is the photographer for the WaterWorks department and also gets a city check! No clue what a photographer for the WaterWorks dept. does nut overall I recall the newspaper saying close to $130,000 goes into that Clay household!

    So if he really wants a HUMMER heck he can afford to buy it himself.
    Oh an the major recently took a 10% pay cut for his major's job since he also cut 10% of all city employess as well.

    But heck them fools in Gary keep voting for him!
     

    HoughMade

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    I was the lowest atty. on the totem pole representing the NSSF, ASSC and SAAMI when the case was originally filed. Later, after a successful motion to dismiss for those clients, I represented (as local counsel) Beemiller (Hi-Point), Browning and Glock for a while. My current firm represents Beretta (as local counsel), but I am not involved. Trust me when I say that sooner or later, this case is just going to go away.
     
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