{"id":100795,"date":"2024-03-18T09:55:36","date_gmt":"2024-03-18T14:55:36","guid":{"rendered":"https:\/\/milesfortis.com\/?p=100795"},"modified":"2024-03-18T09:55:36","modified_gmt":"2024-03-18T14:55:36","slug":"100795","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=100795","title":{"rendered":""},"content":{"rendered":"

NSSF PRAISES INDIANA GOVERNOR SIGNING LAW TO END CITY OF GARY LAWSUIT<\/a><\/p>\n

WASHINGTON, D.C.\u00a0\u2014 NSSF\u00ae<\/sup>, The Firearm Industry Trade Association, praises Indiana Gov. Eric Holcomb\u2019s signing of\u00a0House Bill 1235<\/strong><\/a>, legislation that \u201cprovides that only the state of Indiana may bring or maintain an action by or on behalf of a political subdivision against a firearm or ammunition manufacturer, trade association, seller, or dealer concerning certain matters.\u201d<\/strong> The bill \u201cprohibits a political subdivision from otherwise independently bringing or maintaining such an action.\u201d<\/strong><\/p>\n

The industry members the City of Gary sued are expected to promptly file a motion to dismiss the case based on this new law that became effective immediately upon the Governor\u2019s signature. Lawyers representing the city acknowledged in their testimony opposing the bill that if it were to be enacted it would mean the City of Gary\u2019s lawsuit will be dismissed. The City of Gary\u2019s nearly quarter-century old frivolous lawsuit against firearm manufacturers seeks to hold them responsible for the criminal actions of unrelated and remote third parties.<\/p>\n

\u201cThis is a tremendous victory for common sense. The City of Gary never had a serious claim. Instead, it was committed to a losing strategy of lawfare to abuse the courts in order to force through gun control policy outside of legislative channels,\u201d said Lawrence G. Keane, NSSF Senior Vice President & General Counsel. \u201cNSSF is grateful for Indiana Rep. Chris Jeter for his leadership when he introduced this legislation, the Indiana legislature including Sen. Aaron Freeman for its commitment to the law and Governor Holcomb for his faithfulness to the principles of ensuring politically-motivated lawsuits don\u2019t clog our courts and allow special-interests to circumvent the legislative authority reserved by the State of Indiana.\u201d<\/p>\n

The City of Gary, Ind.,\u00a0first filed their claims<\/a><\/strong>\u00a0in 1999, as part of a coordinated effort by 40 big city mayors who conspired together through the U.S. Conference of Mayors with gun control activist from Brady United (formerly known as the Brady Center), lawyers and trial lawyers.<\/p>\n

All these municipal lawsuits have either been dismissed by the courts, e.g., Atlanta, Chicago, New York, Los Angeles, San Fransico, Detroit and St. Louis, or simply dropped by several cities, e.g., Boston, Cincinnati and Camden. Many of these municipal lawsuits were dismissed based on state preemption laws enacted between the 1999 to 2001 time period upon which H.B. 1235 is modeled. Like H.B. 1235, these laws \u2013 that have been upheld by the courts \u2013 reserve to the state the exclusive authority to sue members of the industry except that they allow for breach of warranty and related claims for firearms a political subdivision purchased.\u00a0<\/strong><\/p>\n

Additionally, Congress passed in a broad bipartisan fashion, and President George W. Bush signed into law, the\u00a0Protection of Lawful Commerce in Arms Act (PLCAA)<\/a><\/strong>\u00a0in 2005. The PLCAA blocks lawsuits that attempt to hold firearm and ammunition industry companies liable for the criminal actions of third parties who misuse the industry\u2019s lawful non-defective products. More specifically, this common-sense law ensures that responsible and law-abiding federally licensed manufacturers and retailers of firearms and ammunition are not unjustly blamed in federal and state civil actions for \u201cthe harm caused by those who criminally or unlawfully misuse\u201d these products that function as designed and intended.<\/p>\n","protected":false},"excerpt":{"rendered":"

NSSF PRAISES INDIANA GOVERNOR SIGNING LAW TO END CITY OF GARY LAWSUIT WASHINGTON, D.C.\u00a0\u2014 NSSF\u00ae, The Firearm Industry Trade Association, praises Indiana Gov. Eric Holcomb\u2019s signing of\u00a0House Bill 1235, legislation that \u201cprovides that only the state of Indiana may bring or maintain an action by or on behalf of a political subdivision against a firearm … Continue reading “”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23,79],"tags":[],"class_list":["post-100795","post","type-post","status-publish","format-standard","hentry","category-courts","category-government"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/100795","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=100795"}],"version-history":[{"count":1,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/100795\/revisions"}],"predecessor-version":[{"id":100796,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/100795\/revisions\/100796"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=100795"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=100795"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=100795"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}