Indiana law prohibits any person from bringing or maintaining an action against a firearms or ammunition manufacturer, trade association, or seller for:

• Recovery of damages resulting from, or injunctive relief or abatement of a nuisance relating to, the lawful design, manufacture, marketing or sale of a firearm or ammunition; or

• Recovery of damages resulting from the criminal or unlawful misuse of a firearm or ammunition by a third party.¹

Furthermore, if a court finds that a party has brought an action under a theory of recovery described above, the finding constitutes conclusive evidence that the action is groundless.² Upon this finding, a court shall dismiss the claims or action and award to the defendant any reasonable attorney’s fee and costs incurred in defending the claims or action.³

However, an action may be brought or maintained against a firearms or ammunition manufacturer, trade association, or seller for recovery of damages for:

• Breach of contract or warranty concerning firearms or ammunition purchased by a person;

• Damage or harm to a person or to property owned or leased by a person caused by a defective firearm or ammunition; or

• Injunctive relief to enforce a valid statute, rule, or ordinance. However, a person may not bring an action seeking injunctive relief if that action is barred under Indiana Code Ann. § 34-12-3-3.⁴

In addition, a person is immune from civil liability based on an act or omission related to the use of a firearm or ammunition by another person if the other person directly or indirectly obtained the firearm or ammunition through the commission of a burglary, robbery, theft, receiving stolen property, or criminal conversion.⁵

In March 2024, Indiana passed HB 1235, which, beginning July 1, 2024, provides that only the State may bring or maintain an action by or on behalf of a political subdivision against a firearm or ammunition manufacturer, trade association, seller, or dealer concerning the design, manufacture, import, export, distribution, advertising, marketing, sale, or criminal, unlawful, or unintentional use of a firearm, ammunition, or component part.⁶

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1. Ind. Code Ann. § 34-12-3-3.[↩]
2. Ind. Code Ann. § 34-12-3-4(a).[↩]
3. However, if (1) a party has brought an action under a theory of recovery described above; (2) the action commenced on or before August 27, 1999; and (3) the action is dismissed, no award for attorney’s fees or costs incurred shall issue to the plaintiff or the defendant. Ind. Code Ann. § 34-12-3-4(b).[↩]
4. Ind. Code Ann. § 34-12-3-5.[↩]
5. Ind. Code Ann. § 34-30-20-1.[↩]
6. HB 1235 (2024), creating a new section under Ind. Code. Ann. § 34-12-3.5, effective July 1, 2024.[↩]