Indiana Court of Appeals Dismisses Anti-Gun Lawsuit
On December 29, 2025, the Indiana Court of Appeals ruled that Gary, Indiana’s 26-year-old lawsuit against 11 firearm manufacturers and 5 firearm retailers must be dismissed. The lawsuit claimed that the manufacturers and retailers were engaged in public nuisance and negligence.
The History of “Junk Lawsuits” Against the Industry
Lawsuits like this one were very common in the 1990s and 2000s. Gun-control advocates, frustrated with state legislatures’ refusal to pass gun control proposals, turned to other branches of government to restrict freedom.
The activist groups persuaded cities like Cincinnati, OH; New York, NY; and Los Angeles, CA to file lawsuits against firearm manufacturers and retailers, to hold manufacturers liable for the criminal misuse of their lawful products. They successfully persuaded Gary, IN, to do just that 26 years ago with City of Gary v. Smith & Wesson Corporation.
The Role of the Protection of Lawful Commerce in Arms Act (PLCAA)
These junk lawsuits led Congress to pass and President George W. Bush to sign the Protection of Lawful Commerce in Arms Act (PLCAA) in 2005. This law protects firearm manufacturers and dealers from liability when their products are misused in violent crime.
The PLCAA put an end to most of this litigation. Unfortunately, the courts allowed Gary’s lawsuit to proceed under a narrow PLCAA exception because of alleged violations of various state laws.
Legislative Action in Indiana
In 2001, Indiana passed its own version of the PLCAA. Then in 2015, the legislature amended the law, making it retroactive to 1999, before Gary’s lawsuit was even filed. Nevertheless, Indiana courts allowed the case to proceed.
In 2024, the state amended the law once again, allowing only the state to bring a lawsuit against a member of the firearms industry. This led the Indiana Court of Appeals to dismiss the Gary case in December. Unless an appeal is filed AND the Indiana Supreme Court decides to hear the case, this is the end of the 26-year-old lawsuit.
The Ongoing Fight for Our Heritage
While this type of litigation was attempted in Indiana, it is not the end of the story in courts across the country. People are still trying to hold the firearms industry liable for the criminal misuse of their lawful products. Sportsmen’s Alliance Foundation has filed friend-of-the-court briefs defending the industry, and it will continue to do so as necessary.
The legacy of hunting, fishing, and trapping depends on our actions today. Please stand with us or donate to the Sportsmen’s Legal Defense Fund in the fight against those who are working to bully and erode our heritage and traditions.
The Sportsmen’s Alliance guarantees hunting, fishing and trapping for the American sportsman now and forever. We’re there when sportsmen need us most. We are the only organization specifically created to protect the individual hunter, angler and trapper – no matter the threat. We will never compromise when it comes to defending our way of life in the courts, in the legislatures, in the public square and at the ballot box. We make this promise to the American sportsman: we will never give up and never give in while proudly securing our future against those seeking to destroy our values, beliefs, and traditions. Stay connected to Sportsmen’s Alliance: Online, Facebook, Twitter and Instagram.
