City Can’t Sue Dealers for Gun Use
NewsMax.com
Thursday, Jan. 18, 2001

Gary, Ind., has lost its lawsuit blaming the handgun industry for crimes
committed with guns. Instead, the judge advised, go after the criminals.

Opponents of Gary’s effort to put a serious crimp in guns sold in Indiana
being used by lawbreakers contend the vast majority of dealers were being
penalized for the acts of a small number.

According to the Associated Press:

Scot Thomasson, a resident agent of the Bureau of Alcohol, Tobacco and
Firearms, said 1.2 percent of all licensed gun dealers supply 57 percent of
all firearms recovered from criminals.

The ATF calls Indiana a “source state” for firearms purchased legally and
later used in crimes.

Thomasson said two of the nation’s top 25 dealers are in Indiana’s northwest
area, where Gary is located. He did not identify them.

The ATF is investigating the movement of guns from legal purchasers to
Chicago-area street gangs.

In August of last year, Gary had sued 21 gun manufacturers and distributors,
five local dealers and three trade associations, accusing them of selling
weapons to gang members and others not entitled to own them.

Mayor Scott King said the idea was to try to dry up the marketing of weapons
to inner-city gangs.

Attorneys for the industry argued successfully that this was an
unconstitutional intrusion on interstate commerce.

In dismissing Gary’s suit, Superior Court Judge James Richards advised the
city it would more usefully spend its time apprehending criminals and others
who misuse handguns.

In Gary last year, handguns were involved in many of the 64 homicides and
hundreds of other violent crimes.

The city had argued that guns are a public nuisance the city has a right to
control.

Like several other large cities, Gary tried to force the handgun industry to
reimburse public agencies for the cost of resolving gun-related crimes.

Expressing the view of many fellow gun-store owners, James Sheema said of the
judge’s ruling:

“It was expected. It followed the pattern of all the other suits that have
come to court.

“I just hope they don’t waste any more of the taxpayers’ money.”

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