Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Indiana Court Ignores "Protection Of Lawful Commerce In Arms Act"

Friday, November 2, 2007

This week, the Indiana Court of Appeals ruled that the city of Gary, Indiana could continue its frivolous, politically motivated lawsuit blaming gun manufacturers for the actions of local criminals.  The case, City of Gary v. Smith & Wesson, is one of several around the country where the wheels of justice are grinding slowly, as gun makers try to get the courts to enforce the Protection of Lawful Commerce in Arms Act (PLCAA) of 2005, which requires courts to dismiss this type of case.           

The Indiana court held that the city's lawsuit fell within an exception in the PLCAA.  The federal law allows suits against manufacturers or dealers who violate laws "applicable to" gun sales.  That exception was obviously intended to allow suits over much more specific violations than those claimed by the city, which is suing under a broad "public nuisance" law.           

The decision ignores Congress's intent to block this kind of lawsuit.  During congressional debate on the PLCAA, Senators Larry Craig, (R-ID), and Lindsay Graham, (R-SC), specifically cited the Gary case as one that should be dismissed under the new law.  The industry plans on appealing to the Indiana Supreme Court, where a decision is likely months away.           

The lengthy proceedings in this case (Gary filed its suit in 1999) demonstrate that gun makers and gun owners face determined enemies.  Regardless of congressional intent, the politicians and anti-gun activists who bring these suits will continue trying to wear down the industry in a legal war of attrition. 

TRENDING NOW
Gun Control May be Wasting Away, But Not Because of COVID

News  

Monday, October 19, 2020

Gun Control May be Wasting Away, But Not Because of COVID

A recent article on a gun control news site laments that the COVID-19 pandemic has thwarted ballot initiatives to expand gun bans and restrictions. Initiatives in Florida, Oklahoma, Ohio and Oregon have stalled, allegedly due to the ...

Anti-gun Politicians Seek to Tax Your Second Amendment Rights Into Oblivion

News  

Tuesday, September 8, 2020

Anti-gun Politicians Seek to Tax Your Second Amendment Rights Into Oblivion

In 1819, Chief Justice John Marshall of the U.S. Supreme Court famously wrote:  “the power to tax involves the power to destroy ….”

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Anti-Gun Organization Prepared to Launch National Group of Gun Owners Who Apparently Don’t Like Guns

News  

Monday, October 19, 2020

Anti-Gun Organization Prepared to Launch National Group of Gun Owners Who Apparently Don’t Like Guns

Yes, that title doesn’t make much sense, but neither does a group that promotes banning firearms starting a national organization called Gun Owners for Safety. Nonetheless, The Hill recently reported that the anti-gun group Giffords is doing just ...

Montana: Californian-funded Fake Hunting Group Lies About Steve Bullock’s Anti-gun Record

News  

Monday, October 12, 2020

Montana: Californian-funded Fake Hunting Group Lies About Steve Bullock’s Anti-gun Record

Montana gun owners have been subjected to an abundance of lies this election season. Leading the misinformation campaign is fake hunting group Montana Hunters & Anglers Leadership Fund. Bankrolled by a wealthy San Francisco Bay ...

Judge Barrett Picks Second Amendment Case as Her “Most Significant” Ruling

News  

Monday, October 12, 2020

Judge Barrett Picks Second Amendment Case as Her “Most Significant” Ruling

The confirmation hearings of Judge Amy Coney Barrett, President Trump’s nominee to the U.S. Supreme Court, are due to begin on October 12th before the Senate Judiciary Committee, chaired by U.S. Senator Lindsey Graham (R-SC).

Joe Biden Told Voters the Second Amendment DOES NOT Protect an Individual Right

News  

Monday, September 21, 2020

Joe Biden Told Voters the Second Amendment DOES NOT Protect an Individual Right

During a September 2019 “townhall” hosted by New Hampshire ABC affiliate WMUR, Democratic presidential candidate Joe Biden made clear that he does not believe the Second Amendment protects an individual right to keep and bear arms and ...

Law Professors Make Case for Second Amendment Rights in Uncertain Times

News  

Monday, October 19, 2020

Law Professors Make Case for Second Amendment Rights in Uncertain Times

Americans have made clear that they value their Second Amendment rights, especially during uncertain times. Faced with the COVID-19 pandemic and then widespread civil unrest, Americans have bought firearms in record numbers. Through September, the FBI ...

Your Action Needed: Urge the Department of Justice to Rein in ATF's Arbitrary Determination on "Honey Badger" Pistol!

News  

Tuesday, October 6, 2020

Your Action Needed: Urge the Department of Justice to Rein in ATF's Arbitrary Determination on "Honey Badger" Pistol!

The Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) recently informed firearm manufacturer Q, LLC that, in ATF’s view, Q’s “Honey Badger” pistol with stabilizing brace is actually a short-barreled rifle and therefore subject to the National ...

Please Urge the Department of Justice to Rein in ATF's Arbitrary Determination on "Honey Badger" Pistol

News  

Monday, October 12, 2020

Please Urge the Department of Justice to Rein in ATF's Arbitrary Determination on "Honey Badger" Pistol

As we reported last week, the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) recently informed firearm manufacturer Q, LLC that, in ATF’s view, Q’s “Honey Badger” pistol with stabilizing brace is actually a short-barreled rifle and ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.