January 26, 2009

Courts elsewhere have generally been rightly hostile toward litigation claiming that the sale or ownership of guns creates a "public nuisance", even aside from the preemptive effect of the federal Protection of Lawful Commerce in Arms Act. Now, however, the Supreme Court of Indiana (of all states) has ruled that the city of Gary's nuisance suit should go to trial. Jon Murray at the Indianapolis Star writes that the Brady Center and other anti-gun litigators are heartened, Gary's being the last standing of thirty municipal suits that have otherwise been withdrawn or gone down to defeat.