[APPEALS] Smith & Wesson Corp., et al. v City of Gary, Indiana, 24A-CT-2381

On August 30, 1999, the City of Gary sued firearms manufacturers, distributors, and sellers (Defendants) alleging public nuisance caused by the sale and distribution of firearms to straw purchasers and traffickers. Three prior appeals involving motions for judgment on the pleadings followed. Each appeal, most recently in 2019, upheld Gary's right to sue Defendants for public nuisance.

As discovery dragged on with resistance from Defendants, the Indiana General Assembly passed a new law in 2024, Ind. Code Chap. 34-12-3.5, which became effective upon the Governor's signature on March 15, 2024. § 3 of this law provides that only the State 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 and prohibits a political subdivision from independently bringing or maintaining such an action. §1 made the law applicable to "an action or suit filed by a political subdivision before, after, or on August 27, 1999."

Defendants again filed a motion for judgment on the pleadings, which the trial court denied. Though it rejected Gary's claims that the new law constituted special legislation and violated the open courts and separation of powers provisions of our state constitution, the court determined that the new law, remedial as it was, could not be retroactively applied to end this lawsuit because to do so would violate years of vested rights and constitutional guarantees and result in manifest injustice to Gary. Defendants appeal. The State intervened as an appellant.

The scheduled panelists are Chief Judge Altice, Judge Pyle, and Judge DeBoer.