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
See our Gun Industry Immunity policy summary for a comprehensive discussion of this issue.
- Ind. Code Ann. § 34-12-3-3.
- Ind. Code Ann. § 34-12-3-4(a).
- 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).
- Ind. Code Ann. § 34-12-3-5.
- Ind. Code Ann. § 34-30-20-1.