http://www.newsmax.com/archives/articles/2001/1/18/74938.shtml
City Can't Sue Dealers for Gun Use
NewsMax.com
Thursday, January 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 law-breakers contend the vast majority of dealers was 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."
City Can't Sue Dealers for Gun Use
NewsMax.com
Thursday, January 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 law-breakers contend the vast majority of dealers was 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."