New Indiana law can kill Gary's decades-old lawsuit against gun industry, court rules

New Indiana law can kill Gary's decades-old lawsuit against gun industry, court rules

Jordan Smith, Indianapolis Star

Mon, December 29, 2025 at 9:08 PM UTC

2 min read

The Indiana Court of Appeals on Dec. 29 said the city of Gary's longstanding lawsuit against some of the world's largest gun manufacturers must be dismissed, overruling a lower court judge who previously blocked a 2024 state law that aims to kill the lawsuit.

The city's 1999 lawsuit accuses firearms manufacturers and retailers of irresponsible business practices that allowed criminals to get hold of guns. Although dozens of cities filed similar lawsuits in the 1990s, only Gary's has survived legal pushback and lobbying efforts intended to shield the gun industry from liability.

But on Monday the Court of Appeals sided with the gun manufacturers trying to dismiss the lawsuit, which include household names like Smith & Wesson, Colt's, Glock and Beretta. The appellate court ruled that the 2024 state law, which also bars other Indiana municipalities from suing gun companies moving forward, can retroactively void the Gary lawsuit.

"Unfair as it may appear, the legislature can legally do exactly what it did in this case," the Dec. 29 ruling reads, "and we cannot second-guess its public policy determinations in this regard."

The decision sends the case back to the Lake County Superior Court with an order to dismiss Gary's 1999 lawsuit. The city of Gary did not immediately answer IndyStar's inquiry about whether it plans to appeal the ruling before the Indiana Supreme Court.

The appellate court's decision overrules a lower court judge who refused to dismiss Gary's lawsuit last year, leading gun manufacturers to appeal. Lake County Superior Court Judge John Sedia said in an August 2024 ruling that retroactively applying the new state law to Gary's case would "violate years of vested rights and constitutional guarantees."

"To avoid manifest injustice," Sedia wrote at the time, "the substance of this lawsuit must be taken to its conclusion."

Republican legislators made no secret that the 2024 law targeted the Gary case. The law applies retroactively to Aug. 27, 1999 — three days before Gary filed its lawsuit.

Such facts led Gary Mayor Eddie Melton, a Democrat, to deride the measure as "morally bankrupt" and a "legislative power grab." Even some Republicans worried the measure would prompt special interest groups to simply lobby the General Assembly to get rid of legal challenges.

But Indiana Attorney General Todd Rokita praised the Court of Appeals' Dec. 29 decision.

More: How dozens of Indiana laws increasingly block liberal policies in cities

Under the new law, only the state attorney general has the power to sue the gun industry. Republicans say that's necessary to avoid piecemeal legislation that could restrict access to guns in certain Indiana cities and counties.

"This 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," Rokita said in a statement.

Email Indianapolis City Hall Reporter Jordan Smith at JTSmith@usatodayco.com. Follow him on X @jordantsmith09 and Bluesky @jordanaccidentally.bsky.social.

This article originally appeared on Indianapolis Star: Indiana Court of Appeals upholds Indiana law to kill Gary's gun lawsuit

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