redneckmedic
Grandmaster
In Indiana, gun makers must prove their products aren't a public nuisance
by Leslie Patton
Jan 13, 2009
The Indiana Supreme Court announced Tuesday that it will allow the City of Gary’s lawsuit against sixteen gun manufacturers and six gun dealers to go to trial in the Superior Court of Lake County.
The Indiana Court of Appeals had held in October 2007 that the Protection of Lawful Commerce in Arms Act does not protect gun manufacturers from knowingly violating Indiana’s public nuisance law. The gun manufacturers’ appeal of this decision was denied by the state Supreme Court, clearing the way for a trial.
The Brady Center to Prevent Gun Violence, along with the Walker Law Group, represent the City of Gary in the lawsuit against sixteen gun manufacturers and six northern Indiana gun dealers.
One percent of gun dealers provide 57 percent of all crime guns nationwide, said Daniel Vice, Brady Center senior attorney. He wants more regulations to enable manufacturers to weed out corrupt dealers.
“The only requirement [the manufacturers] have in place is that the dealer have a license,” Vice said.
There needs to be more communication between the dealer and manufacturer, said Tony Walker, of the Walker Law Group. Walker suggests an annual review where manufacturers meet with the people that sell the guns to make sure they are doing so responsibly.
There are 11 gun manufacturers still in the case: Sturm, Ruger & Company Inc.; Colt's Manufacturing Company LLC, Beretta U.S.A. Corp., Smith & Wesson Corp., Browning Arms Co., B.L. Jennings Inc., Bryco Arms Corp., Glock Inc., Beemiller Inc. d/b/a Hi-Point Firearms, Phoenix Arms, and Taurus International Manufacturing Inc.
There were originally 16 manufacturers involved in the litigation, but some were dropped early, for various reasons. “The case is focused on the manufacturers who are major suppliers for gun traffickers and criminals,” Vice said.
Renee J. Mortimer, partner at Hinshaw & Culbertson LLP in its Schererville, Ind., office, representing Taurus International Manufacturing Inc., had no comment on the case.
And several of the six dealers involved in the lawsuit have already settled, according to Vice. Westforth’s Sport Shop, which sells fishing and hunting equipment in Gary, settled about a year ago.
“[Manufacturers] probably have no idea who buys their weapons,” said Curt Schlesinger, who has worked in the gun dealer industry for more than 15 years. Schlesinger’s current employer, Trout & Grouse in Northbrook, Ill., deals only in shotguns, not handguns.
“There are very specific, strict stuff we go though to sell guns to a resident of Illinois,” Schlesinger said, referring to dealer restrictions.
Accokeek, Md.-based Beretta sells to 30 dealers in Illinois and 35 dealers in Indiana, including major chains Gander Mountain and Dick’s Sporting Goods.
Smith & Wesson Holding Corp.'s second quarter firearm sales were up 2.6 percent over the same period last year. Pistol sales were up 40.3 percent. The company supplies Iraqi military and security forces with M&P 9mm guns, and it has a significant backlog of orders for its new M&P polymer pistol, which performed well in various tests.
The timing of the proceedings going forward is not yet known, Walker said, the case has been assigned to a new judge.
According to Daniel Vice, Brady Center senior attorney, 1 percent of gun dealers provide 57 percent of all crime guns nationwide.
by Leslie Patton
Jan 13, 2009
The Indiana Supreme Court announced Tuesday that it will allow the City of Gary’s lawsuit against sixteen gun manufacturers and six gun dealers to go to trial in the Superior Court of Lake County.
The Indiana Court of Appeals had held in October 2007 that the Protection of Lawful Commerce in Arms Act does not protect gun manufacturers from knowingly violating Indiana’s public nuisance law. The gun manufacturers’ appeal of this decision was denied by the state Supreme Court, clearing the way for a trial.
The Brady Center to Prevent Gun Violence, along with the Walker Law Group, represent the City of Gary in the lawsuit against sixteen gun manufacturers and six northern Indiana gun dealers.
One percent of gun dealers provide 57 percent of all crime guns nationwide, said Daniel Vice, Brady Center senior attorney. He wants more regulations to enable manufacturers to weed out corrupt dealers.
“The only requirement [the manufacturers] have in place is that the dealer have a license,” Vice said.
There needs to be more communication between the dealer and manufacturer, said Tony Walker, of the Walker Law Group. Walker suggests an annual review where manufacturers meet with the people that sell the guns to make sure they are doing so responsibly.
There are 11 gun manufacturers still in the case: Sturm, Ruger & Company Inc.; Colt's Manufacturing Company LLC, Beretta U.S.A. Corp., Smith & Wesson Corp., Browning Arms Co., B.L. Jennings Inc., Bryco Arms Corp., Glock Inc., Beemiller Inc. d/b/a Hi-Point Firearms, Phoenix Arms, and Taurus International Manufacturing Inc.
There were originally 16 manufacturers involved in the litigation, but some were dropped early, for various reasons. “The case is focused on the manufacturers who are major suppliers for gun traffickers and criminals,” Vice said.
Renee J. Mortimer, partner at Hinshaw & Culbertson LLP in its Schererville, Ind., office, representing Taurus International Manufacturing Inc., had no comment on the case.
And several of the six dealers involved in the lawsuit have already settled, according to Vice. Westforth’s Sport Shop, which sells fishing and hunting equipment in Gary, settled about a year ago.
“[Manufacturers] probably have no idea who buys their weapons,” said Curt Schlesinger, who has worked in the gun dealer industry for more than 15 years. Schlesinger’s current employer, Trout & Grouse in Northbrook, Ill., deals only in shotguns, not handguns.
“There are very specific, strict stuff we go though to sell guns to a resident of Illinois,” Schlesinger said, referring to dealer restrictions.
Accokeek, Md.-based Beretta sells to 30 dealers in Illinois and 35 dealers in Indiana, including major chains Gander Mountain and Dick’s Sporting Goods.
Smith & Wesson Holding Corp.'s second quarter firearm sales were up 2.6 percent over the same period last year. Pistol sales were up 40.3 percent. The company supplies Iraqi military and security forces with M&P 9mm guns, and it has a significant backlog of orders for its new M&P polymer pistol, which performed well in various tests.
The timing of the proceedings going forward is not yet known, Walker said, the case has been assigned to a new judge.
According to Daniel Vice, Brady Center senior attorney, 1 percent of gun dealers provide 57 percent of all crime guns nationwide.
