After 26-years, in a Monday ruling Chief Judge Robert Altice wrote the city of Gary “failed to show that retroactive application” of a state law barring cities from filing lawsuits against gun manufacturers “violates any vested right or constitutional guarantee held by the city.”
The judges went on to write, “Unfair as it may appear, the legislature can legally do exactly what it did in this case, and we cannot second-guess its public policy determinations in this regard. On remand, the trial court is directed to dismiss this action.”
Gary’s lawsuit, filed during a period when gun violence was escalating, alleged the gun industry should be held as a public nuisance for supplying guns they know will reach criminals and others who can’t legally buy them
There were several past attempts made to kill the lawsuit; In 2024, it passed a new law with a date made retroactive to three days before Gary filed its August 1999 lawsuit. The measure removes the rights of municipalities to sue the gun industry, allowing only the state to file lawsuits.
Attorney General Todd Rokita filed a brief in February, seeking the dismissal of the case with the appellate court on the grounds of the 2024 law.
Through a post on X (Formally known as Twitter) Rokita stated he was pleased the court dismissed the case as the “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.”
Gary Mayor Eddie Melton couldn’t be immediately reached for comment.
