In a very rare win for a city against a gun manufacturer, the Indiana Supreme Court has ruled that a lawsuit by the City of Gary can proceed to trial. These lawsuits have been uniformly rejected on various grounds, including standing. Yet, Gary with one of the nation’s highest homicide rates will be allowed to sue companies like Smith and Wesson, Beretta and Colt as well as gun dealers for the harm caused by their products. They are proceeding on a nuisance theory.
I hadn’t seen this, and in fact thought all this was behind us. Obviously, I was mistaken. Gary is the last of thirty municipal suits. All of the others have been defeated or withdrawn.