Over the protestations of Democratic lawmakers, the GOP-controlled Indiana House of Representatives voted Tuesday to pass a bill aimed at quashing a pending lawsuit that the City of Gary brought against handgun manufacturers and sellers nearly a quarter century ago.
House Bill 1235, authored by Rep. Chris Jeter, R-Fishers, would bar Indiana cities, counties and other local government entities from suing gun and ammunition manufacturers in nearly all cases, reserving the power to so for the state attorney general.
In 1999, with the backing of the Brady Center to Prevent Gun Violence, Gary sued 11 handgun manufacturers, one wholesaler, five retailers, and additional “John Doe” defendants. The city claims that the defendants engage in negligent practices, including allowing illegal straw purchases of firearms, that fuel violent crime in the city.
Since its inception, the lawsuit has survived multiple new laws restricting the civil liability of gun makers and subsequent attempts by the defendants to get the case thrown out. In 2005, the defendants unsuccessfully moved to dismiss the lawsuit on the grounds that it violated the Protection of Lawful Commerce in Arms Act, which had been passed by Congress earlier that year. A 2015 Indiana law made an existing civil immunity statute for the gun industry retroactive, prompting another ultimately unsuccessful motion to dismiss.
In June, Lake Superior Judge John Sedia issued a ruling allowing the case’s discovery process to proceed, opening the door to Gary’s attorneys accessing records of gun sales by local retailers. The city believes these records will show a link between gun suppliers, illegal firearm transfers, and gun-related crime. The parties met in court earlier this month to discuss proposals for a discovery timeline, and are scheduled to appear before Sedia again in May.
Jeter characterized the litigation as “an attempt to do judicially what gun control proponents have been unable to do legislatively,” claiming that the Gary lawsuit has hurt Indiana’s economy by discouraging the firearm industry from expanding in the state. He added that the discovery process threatens the privacy of law-abiding gun owners who purchased weapons from businesses named in the suit.
“This bill would eliminate that lawsuit and bring it into compliance with with the immunity laws that we passed back in 2015 to ensure these lawsuits don’t happen,” he told his colleagues.
Rep. Ed DeLaney, D-Indianapolis, rejected the argument that Jeter’s bill protects gun owners’ privacy, pointing out that their personal information is covered by a protective order that prevents the plaintiffs from making it public.
“What we’re being asked to do is to believe that this industry — of all industries in America — is one where nothing bad ever happens, or if anything bad ever did happen, we’re not allowed to look at it. We shouldn’t know because it’s too big a burden on the manufacturer,” DeLaney said. “The theory is pretty obvious in the case. There are bad actors, store owners, and there are salesmen who are very, very happy on behalf of manufacturers to sell whatever they can sell.”
Rep. Ragen Hatcher, D-Gary, said that the lawsuit should be allowed to proceed unhindered by the legislature.
“Any attorney in this room understands how frustrating — not just frustrating — how wrong it is for anyone except for that judge to make a ruling,” she said. “And if the gun manufacturers are innocent in this, if the gun manufacturers did not illegally target areas like Gary to sell guns, they will be vindicated in a court of law.”
HB 1235 passed the House with a 68-27 party line vote. Rep. Rita Fleming, D-Jeffersonville, was the only Democrat to vote for the bill, which is now headed to the Indiana Senate.
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