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Breaking News: Indiana Court Calls Gun Industry Shield Law Unconstitutional

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October 27, 2006

Breaking News: Indiana Court Calls Gun Industry Shield Law Unconstitutional

By Dave Hurteau & Chad Love

Folks, this is huge. Don’t miss this important story, as reported by the U.S. Newswire:
In a landmark ruling with nationwide implications, Lake County, Indiana Superior Court Judge Robert A. Pete on Monday declared unconstitutional a 2005 federal law backed by the gun lobby that sought to limit the legal liability of gun dealers and manufacturers in the case of City of Gary v. Smith & Wesson et al.

The ruling held that the so-called "Protection of Lawful Commerce in Arms Act" (which became effective exactly one year ago today) violates the U.S. Constitution's guarantees of Due Process and Separation of Powers. It allows Gary, Indiana's lawsuit against sixteen gun manufacturers and six northern Indiana gun dealers to proceed toward trial. Cases pending in New York, Massachusetts, Pennsylvania, Washington, D.C., and other states have raised similar challenges to the constitutionality of the law, but this is the first court to find it unconstitutional.

Comments (6)

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from t wrote 7 years 24 weeks ago

it will not hold up. a state court cannot declare a federal law unconstitutional.

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from jstreet wrote 7 years 24 weeks ago

Our appointed and elected officials should quit worrying about their wallets/purses and start doing their jobs. We (as voters and citizens) should quit being lazy and become more involved in the process. The media won't ask the hard questions so ciitzens should. Citizen action committees should buy air time during this season and rake these fools over the coals. We shouldn't endorse candidates or incumbents but expose their true records to the people. It's time these people learned that serving the people is a privlege not a lifetime job.Jim

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from Brian wrote 7 years 24 weeks ago

Excellent summary of a sad situation but where and when did it say that politicians would express common sense? They all leave it at home when they get elected.

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from BDJ wrote 7 years 24 weeks ago

Right on, Jim.

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from David wrote 7 years 24 weeks ago

ditto what Jim said.

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from jstreet wrote 7 years 24 weeks ago

This is obviously a huge blow to the gunmakers and dealers in this country. I live in Indiana and feel a bit ashamed of that fact today. Personal responsibility is disappearing from the landscape of this country. We all wish to blame others for our problems. If a manufacturer makes and sells a legal product to a licensed dealer who in turn sells said product to a customer who meets the legal requirements and the customer then does something illegal with the product how can the manufacturer or dealer be responsible? What's next, holding Ford and Ford dealers responsible for deaths caused by drunk drivers?Common sense is quickly being replaced by greed and social irresponsibility.Jim

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from t wrote 7 years 24 weeks ago

it will not hold up. a state court cannot declare a federal law unconstitutional.

0 Good Comment? | | Report
from jstreet wrote 7 years 24 weeks ago

Our appointed and elected officials should quit worrying about their wallets/purses and start doing their jobs. We (as voters and citizens) should quit being lazy and become more involved in the process. The media won't ask the hard questions so ciitzens should. Citizen action committees should buy air time during this season and rake these fools over the coals. We shouldn't endorse candidates or incumbents but expose their true records to the people. It's time these people learned that serving the people is a privlege not a lifetime job.Jim

0 Good Comment? | | Report
from Brian wrote 7 years 24 weeks ago

Excellent summary of a sad situation but where and when did it say that politicians would express common sense? They all leave it at home when they get elected.

0 Good Comment? | | Report
from BDJ wrote 7 years 24 weeks ago

Right on, Jim.

0 Good Comment? | | Report
from David wrote 7 years 24 weeks ago

ditto what Jim said.

0 Good Comment? | | Report
from jstreet wrote 7 years 24 weeks ago

This is obviously a huge blow to the gunmakers and dealers in this country. I live in Indiana and feel a bit ashamed of that fact today. Personal responsibility is disappearing from the landscape of this country. We all wish to blame others for our problems. If a manufacturer makes and sells a legal product to a licensed dealer who in turn sells said product to a customer who meets the legal requirements and the customer then does something illegal with the product how can the manufacturer or dealer be responsible? What's next, holding Ford and Ford dealers responsible for deaths caused by drunk drivers?Common sense is quickly being replaced by greed and social irresponsibility.Jim

0 Good Comment? | | Report

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