Gary's Historic Fight Against Gunmakers Faces New Challenge

Yahoo

19-03-2025

One of the nation's longest-running legal battles over guns — with a predominantly Black city facing off against the nation's leading gun manufacturers, retailers, and the state of Indiana — is intensifying as Indiana Attorney General Todd Rokita seeks its dismissal after Lake County Superior Court Judge John M. Sedia ruled in the city's favor last year.
The city of Gary's historic lawsuit, which has entangled courts and lawmakers for decades, now hinges on the appellate court's view of a newly passed state law that could abruptly end the case. The lawsuit, initially filed in 1999, seeks to hold gunmakers accountable for their role in supplying firearms to criminals in a city that once bore the grim title of the nation's 'murder capital.' As Gary continues its fight against gun violence, the case remains a symbol of the broader struggle between local governments seeking accountability and state lawmakers siding with the firearms industry.
'The state legislature — acting on behalf of the everyday Hoosiers who elect its members — confers to cities and towns certain powers and functions,' Rokita said after submitting a brief for dismissal.
'The City of Gary cannot, then, choose to exercise powers that the legislature expressly has forbidden.'
Rokita is referring to Indiana House Bill 1235, which then-Gov. Eric Holcomb signed last year. The law prohibits Indiana municipalities from suing firearm manufacturers, dealers, or trade groups. It also applies retroactively to August 27, 1999 — just three days before Gary filed its original lawsuit.
While he acknowledged the constitutionality of the bill, Judge Sedia, in his ruling, highlighted that Gary and its residents are the true parties affected by gun violence, meaning the city has a legitimate claim and not the state.
'It [the Indiana General Assembly] cannot end this lawsuit, which the Appellate Courts of this state have found to be permitted by prior statute. To do so would violate years of vested rights and constitutional guarantees set forth so eloquently in Gary's memorandum of law,' Sedia said in his ruling.
'Gary made its decision to file and pursue this lawsuit on behalf of its residents against the defendants for damages sustained as a result of gun violence. Although the Court of Appeals has narrowed the scope of the claims, those remaining have been found to be legitimate.'
A spokesperson with the attorney general's office told Capital B Gary shortly after Sedia's ruling: 'The General Assembly passed a common-sense law, and we were pleased the court agreed with our office on its constitutionality. This lawsuit, which was filed a quarter-of-a-century ago, is an embarrassing example of inefficient courtroom posturing and hollow anti-gun activism.'
In 2023, Sedia ruled to open discovery — a process requiring the exchange of evidence between plaintiffs and defendants — potentially leading to the disclosure of decades of internal records for gun companies like Smith & Wesson, Glock, and Beretta.
In court, Gary's attorney, Phillip Bangle, argued that HB 1235 responded directly to that court order.
'The defendants call [House Bill] 1235 a restoration statute, but its real title should be the Judge Sedia Discovery Order Override Act. That's what it is, and that's what it does,' Bangle said during oral arguments.
Bangle also pointed out that the state legislature had multiple opportunities to pass similar laws in previous years, but only introduced HB 1235 in 2024 after the court ordered the discovery process.
'No one introduced 1235 in 2021, 2022, or 2023. Four years passed — four legislative sessions came and went — and suddenly, in January 2024, we have 1235,' Bangle argued.
The bill's passage places Gary in a legal battle on two fronts: one against the gun companies and, at least for now, another against the state, as it attempts to squash the lawsuit.
'Supporters of the bill say Gary's lawsuit is 'frivolous.' But there is nothing frivolous about taking away the power of Hoosiers and violating our Constitution,' said Gary Mayor Eddie Melton.
'It's simple. You should not be able to change the law to avoid losing a lawsuit. But that is the sole goal of HB 1235.'
Paul Helmke, director of the Civic Leaders Center at Indiana University Bloomington and former president and CEO of the Brady Center, sees the state bill as a hurdle that distracts from the lawsuit's merits.
'We need to get to the crucial point, which is that gun dealers, through their negligence, are they contributing to the gun violence in cities like Gary and neighboring communities?' Helmke told Capital B Gary.
'If you've got gun dealers who are irresponsible and negligent, that leads to more gun violence in our communities in Northwest Indiana, across the state, and across the region. And they should be liable for that,' Hemke said.
In 1999, Gary officials strategically attempted to expose that alleged negligence through the lawsuit, which originated from an undercover sting operation called Operation Hollowpoint. Undercover officers conducted stings at several gun stores in the region, posing as suspicious buyers and successfully making straw purchases, where one person illegally buys a firearm for someone who is not legally allowed to purchase one.
State Rep. Ragen Hatcher believes the lawsuit's mere existence has positively affected the city.
'I was in school in 1999, and at that time, Gary was the murder capital of the world. Gary has improved immensely since then, in part due to this lawsuit,' she said. 'This lawsuit warns firearms manufacturers that we noticed their predatory practices. We noticed that they were pumping guns to retailers, even though our community was suffering.'
Gary shed its 'murder capital' label decades ago — indeed, 2024 Gary Police Department data shows a 10% drop in nonfatal shootings and a 23% decline in homicides compared to the previous year. Nonetheless, gun violence remains a concern for lawmakers.
'The City of Gary is committed to public safety and improving the health and well-being of its residents,' Melton said.
'Guns, however, do not respect municipal borders. We have seen many tragic instances in which guns sold by irresponsible dealers were trafficked into the hands of our citizens, resulting in terrible tragedies.'
During this year's legislative session, state Rep. Earl Harris, chair of the Indiana Black Legislative Caucus, authored House Bill 1095, which extends the Indiana Crime Guns Task Force into Lake County to help prevent gun violence in the Region. The bill has passed both chambers of the legislature and now awaits the governor's signature.
'While homicides in Lake County have dropped in recent years, it's still imperative that we find ways to mitigate gun violence and enhance public safety in our community,' Harris said.
'This bill will help us get illegal guns and dangerous narcotics off our streets and make Lake County a safer place to live and raise a family.'
'I'd like to thank my sponsors in the Senate for their work to get this across the finish line, and I now look forward to working with Gov. [Mike] Braun to get this legislation signed into law.'
State Sen. Rodney Pol, who served as a city attorney on the case, said he believes its significance lies at the heart of American democracy, and hopes the appellate judges share his perspective.
'My hope is that they see that no other industry gets to go and get out of court cases that are ongoing by going to the legislature and saying, 'Hey, we can't get a court to dismiss this based on … the merits of the case, can you just go ahead and dismiss this?'' Pol said.
'I think that is a massive disruption in the separation of powers, which is the foundational aspect of our government. My hope is that you have the courts that will look at this clear-eyed and can see the forest for the trees on that.'
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