INDIANAPOLIS — Nearly 25 years after the firearms industry was sued for failing to prevent illegal gun sales, the northwestern Indiana city of Gary won a crucial victory last fall when a judge ordered gun manufacturers to hand over years of production and sales records.
But in March, Gov. Eric Holcomb signed a new law retroactively banning cities from filing such lawsuits, effectively halting the case. Republicans said the gun industry is not responsible for illegal sales. Critics say the legislation shows that lawmakers do not consider ending gun crime a priority and reflects their apathy toward Gary’s majority Black residents.
“There is gun violence everywhere in America,” said the Rev. Dena Holland-Neal, a longtime Gary resident. “And someone has to be responsible.”
Gary is more racially diverse than the rest of Indiana and, just east of Chicago, is one of the few Democratic strongholds. Most of the estimated 67,970 residents are black, as opposed to 10% of people statewide, according to the U.S. Census Bureau.
Hospital chaplain Carmen McKee, who counsels victims of gun violence and their families, said racism underscores the actions of policymakers who dismiss Gary’s needs as, “It’s just Gary” or “It’s just another area of people of color.”
“But still, they wouldn’t allow this to happen in their area,” McKee said.
Gary was one of dozens of American cities to sue major gun manufacturers and sellers in response to spiraling murder rates and violent crimes in the 1990s. But the other cities’ cases fell by the wayside, leaving Gary’s as the final lawsuit when a Lake County judge in November ordered manufacturers to produce decades of company documentation.
“This case has survived because it is a valid claim,” said Rodney Pol, an attorney on the case and a Democratic senator representing Gary.
Indiana’s Republican-dominated Legislature moved quickly this year to pass the new law, which stipulated that only the state’s attorney general can bring civil action against a firearm or ammunition manufacturer, and passed it with retroactive to August 27, 1999, three days before Gary filed his petition. court case.
Representative Chris Jeter, who authored the legislation, told the House Committee on Judiciary that the judge’s order would result in excessive costs for firearm manufacturers, who he said should not be held liable for illegal sales.
“I just think there are efforts being made to end this use of the legal system as a weapon against gun manufacturers,” Jeter said.
He made no attempt to hide the fact that Gary was his intended target.
“This bill is an attempt to make one last attempt to eliminate this last pending case,” he said.
Jeter did not respond to an interview request from the Associated Press.
The vocal minority Democratic party in the Indiana legislature denounced the new law as favoring firearms companies. State Rep. Ragen Hatcher, a former prosecutor who represents Gary, called it a “slap in the face” for attorneys and judges.
“That’s something for the court to decide,” Hatcher said.
Days after the governor signed the law, gun manufacturers asked the court to dismiss Gary’s lawsuit. The judge on Tuesday suspended discovery until the conflict with the new law is resolved. A status conference is scheduled for May 8.
Attorneys for the defendants did not respond to messages from the AP or declined to comment on the case.
Several of the gun manufacturers and retailers named in the lawsuit sit on the board of the National Shooting Sports Foundation, which lobbies for the firearms and ammunition industries in Indiana and statehouses across the country.
Lobbying data first reported by ProPublica and the Indianapolis Star show. NSSF spent tens of thousands of dollars more on lobbying in Indiana last year than in the previous three years. Reports for this session have not yet been submitted.
“This case is and always has been frivolous, an abuse of the legal system,” Lawrence G. Keane, the group’s senior vice president and general counsel, said in a recent statement.
The Brady Center, a national organization that supports gun control policies, is representing Gary in the lawsuit. Philip Bangle, senior trial attorney, said Brady plans to challenge the new state law.
For Gary residents and officials, the looming end of the lawsuit is a reminder of how the firearms industry has changed and the continued devastating impact of gun violence.
Technology and other changes over the past two decades have made it easier to modify and resell illegal guns, said Deputy Police Chief Brian Evans.
Violent criminals have gotten younger during his three decades on the force, and they often use weapons obtained illegally, Evans said.
The case has been around so long that Holland-Neal doubts it’s even a topic of conversation among younger residents or recent arrivals. But she worries about the prevalence of guns in her city and the rising tide of gun violence across the country.
“There is such a need for this country to figure out a way to put together laws that address gun violence, that make a difference,” she said. “How is that going to happen? I’ll be honest with you: I have no idea.”