Hatcher mourns passage of legislation that voids Gary gun lawsuit

Today, Feb. 27, the Senate passed House Bill 1235 which now heads to the Governor’s desk for consideration. HB 1235 prohibits municipalities from pursuing legal action against firearm manufacturers independent of the state. If signed into law, the legislation would void the lawsuit Gary v. Smith & Wesson Corp which was filed in 1999. 

State Rep. Ragen Hatcher (D-Gary) released the following statement: 

 “As someone with a deep understanding of the judicial system, I vehemently oppose the passage of House Bill 1235. I can remember when Gary first launched its lawsuit against Smith & Wesson, Beretta USA Corp, Glock and Hi-Point in 1999. The prevalence of gun violence in Gary was a pressing issue in our community, and it still demands our immediate attention today. We know firsthand the impact these vicious acts of violence leave on our collective consciousness. Our grief and fear highlight the urgent need for sweeping reform. 

“House Bill 1235 strips away local municipalities' power to sue firearm manufacturers for their negligent, predatory marketing practices. The legislation interferes with the judicial process setting a dangerous precedent. The executive, legislative and judicial branches exist to check and balance each other, but this bill overrides that system. It’s not the role of the state legislature to intervene in lawsuits. As an attorney and someone with a deep understanding of the judicial sphere, I fear the impact this legislation will have on the Indiana court system. 

“This bill is a targeted attack on the 20-year lawsuit, Gary v. Smith & Wesson Corp. Although this lawsuit is from one city in Indiana, it has much broader applications. It highlights the pursuit of justice in which communities seek reparations from larger entities. It took decades for litigation to expose the dangerous marketing tactics perpetuated by tobacco companies. We can draw parallels between the Big Tobacco lawsuit and the Gary lawsuit to hold firearm manufacturers accountable for their irresponsible actions.

“I strongly support policies that address the accessibility of firearms, enforce rigorous background checks, and implement safe storage regulations. Reducing gun violence creates a society where everyone feels protected. Democracy can only blossom when the voice of the people echoes more loudly than the sound of a firearm.”