The Attorney General of Indiana, Todd Rokita, has called for the dismissal of a lawsuit filed by the City of Gary against gun manufacturers and sellers. The case, which began in August 1999, alleges that various firearm companies and retailers contributed to crimes committed in Gary by manufacturing, designing, marketing, or selling firearms later used illegally.
Attorney General Rokita stated that the lawsuit challenges Second Amendment rights. “From the get-go, Gary’s lawsuit amounted to a swipe at Hoosiers’ Second Amendment rights,” he said. “In effect, the city is trying to use the courts rather than the legislature to enact gun policies and regulate law-abiding citizens’ access to weapons and ammunition.”
A state law passed in 2024 gives only Indiana’s state government—not individual cities—the authority to pursue legal action of this kind. In a brief submitted last week to the Indiana Court of Appeals, Rokita argued that this law should result in dismissal of Gary’s case.
“The state legislature — acting on behalf of the everyday Hoosiers who elect its members — confers to cities and towns certain powers and functions,” Rokita said. “The City of Gary cannot, then, choose to exercise powers that the legislature expressly has forbidden.”
Gary’s original suit named 11 firearm manufacturers, one wholesaler, five retailers, and other parties as defendants.
A copy of Attorney General Rokita’s brief was included with his statement.
