NSSF Praises Indiana Court Decision to End City of Gary Lawsuit

WASHINGTON, D.C. — NSSF®, The Firearm Industry Trade Association, praises the unanimous decision by the Indiana Court of Appeals to end the City of Gary, Indiana’s 26-year-old frivolous lawsuit against firearm manufacturers that sought to hold them responsible for the criminal actions of unrelated and remote third parties. The Court upheld the constitutionality of a recently enacted law — championed by NSSF — providing that only the state of Indiana can bring a lawsuit against a firearm industry member. As a result, it directed the trial court to dismiss the lingering Smith & Wesson Corp. v. City of Gary public nuisance lawsuit, which failed to provide any evidence of wrongdoing despite more than a quarter century of litigation.
“This is a tremendous day for of the rule of law, common sense and the firearm industry,” said Lawrence G. Keane, NSSF Senior Vice President & General Counsel. “The City of Gary never had a serious claim. Instead, it was committed to a losing lawfare strategy to abuse the courts in order to force gun control policy outside of legislative channels. The bottom line is that these sorts of frivolous claims have no business clogging our courts and special-interest groups cannot circumvent elected representative bodies by attempting legislation through litigation. NSSF is deeply grateful to Indiana Attorney General Todd Rokita for his strong defense of this law.”
Former Indiana Gov. Eric Holcomb signed House Bill 1235 into law in 2024 that “provides 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.” The law “prohibits a political subdivision from otherwise independently bringing or maintaining such an action,” effectively negating the City of Gary’s frivolous claims. Read more




