Episode 199. City of Gary v. Smith & Wesson: Ending 26 Years of Lawfare

Show Notes

Episode 199. City of Gary v. Smith & Wesson: Ending 26 Years of Lawfare

In this episode of the Forge of Freedom podcast, host Alex Ooley discusses the recent dismissal of the City of Gary versus Smith and Wesson lawsuit, a case that has lasted over 26 years. The conversation delves into the concept of lawfare, where the legal system is used as a weapon to impose costs and achieve policy outcomes without legislative action. Ooley explains the implications of the Protection of Lawful Commerce in Arms Act (PLCAA) and the Indiana General Assembly's recent legislation that limits the ability of cities to sue firearm manufacturers. The episode concludes with reflections on the broader implications of this case for the legal system and democratic accountability.

Chapters

00:00 Introduction and New Year Greetings

00:30 The Dismissal of City of Gary vs. Smith and Wesson

01:10 Understanding Lawfare and Its Implications

06:07 The Protection of Lawful Commerce in Arms Act

08:55 The Role of Indiana's Legislation in the Case

10:32 Broader Implications of the Case on Law and Policy

Resources

Smith & Wesson Corp. v. City of Gary (Ind.App., 2025)

https://public.courts.in.gov/Decisions/api/Document/Opinion?Id=gGTF-6-ACU7XYO2CNCjB7ZhYnzf0SvNDQ4wFQBfGLJhtN15JdMI2r-U_SAoZIlYD0

Guy Relford

https://omny.fm/shows/the-gun-guy-podcast/gun-guy-full-show-12-27-2025

Facebook: @guy.relford.2025

X:  @guyrelford

AG Todd Rokita

https://www.facebook.com/photo/?fbid=1289904319820449&set=a.230626505748241

@agtoddrokita

The Reload

https://thereload.com/indiana-appeals-court-tosses-26-year-old-liability-lawsuit-against-smith-and-wesson/

X: 

@Jake_Fogleman

@TheReloadSite

Morningstar

https://www.morningstar.com/news/pr-newswire/20251230dc54832/nssf-praises-indiana-court-decision-to-end-city-of-gary-lawsuit

Indy Star

https://www.indystar.com/story/news/politics/2025/12/29/indiana-court-of-appeals-upholds-indiana-law-to-kill-garys-gun-lawsuit/87948004007/?gnt-cfr=1&gca-cat=p&gca-uir=true&gca-epti=z115150p116250c116250d00----v115150d--44--b--44--&gca-ft=165&gca-ds=sophi

@jordantsmith09

Reason.com

https://reason.com/volokh/2025/12/29/26-year-old-case-against-smith-wesson-et-al-by-gary-indiana-finally-over/

@VolokhC

@reason

The Indiana Lawyer

https://www.theindianalawyer.com/articles/in-court-of-appeals-rules-lower-court-must-dismiss-gary-lawsuit-against-gun-industry

@Indiana_Lawyer

PLCAA

https://uscode.house.gov/view.xhtml?path=/prelim@title15/chapter105&edition=prelim

Duke Center for Firearms Law

https://firearmslaw.duke.edu/2019/12/new-decision-in-a-very-old-case-city-of-gary-v-smith-wesson-corp

@DukeFirearmsLaw

Keywords

lawfare, City of Gary, Smith and Wesson, firearms litigation, legal system, public nuisance, PLCAA, Indiana General Assembly, separation of powers, democratic accountability

DISCLAIMER:  This podcast is for informational purposes only and should not be considered legal, medical, or financial advice. The views expressed in this podcast are those of the hosts and guests and do not necessarily reflect the views of any organizations or individuals they may mention. The hosts and guests are not liable for any damages that may result from someone listening to this podcast.