Legal Opinion

KS&E Sports and Edward J. Ellis v. Dwayne H. Runnels

Indiana Supreme Court

Decided April 24, 2017No. 49S02-1606-CT-349PublishedCited by 46 opinions

1Opinion of the Court

On Petition to Transfer from the Indiana Court of Appeals, No. 49A02-1501-CT-42

Slaughter, Justice.

Under.Indiana law, “a person may not bring an action against a firearms ... seller for ... recovery of damages resulting from the criminal or unlawful misuse of a firearm ... by a third party.” We agree with the parties that this statute is unambiguous. By its plain terms, the statute immunizes a firearms seller from a damages suit for injuries caused by another person’s misuse of a firearm, regardless of whether the sale was lawful. Having previously granted transfer, we hold that Plaintiffs…

2Cases cited29 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Munn v. IllinoisSupreme Court of the United States · 1877
  3. Arizona v. United StatesSupreme Court of the United States · 2012
  4. Bond v. United StatesSupreme Court of the United States · 2014
  5. Collins v. DayIndiana Supreme Court · 1994

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3Cited by46 opinions

  1. Dennis Garner v. Gregory S. Kempf and Clerk of Vanderburgh County (garnishee)Indiana Supreme Court · 2018
  2. BloomBank v. United Fidelity Bank F.S.B.Indiana Court of Appeals · 2018
  3. Christopher D. McCoy v. State of IndianaIndiana Court of Appeals · 2018
  4. State of Indiana v. Norfolk Southern Railway CompanyIndiana Supreme Court · 2018
  5. Janet L. Himsel, Martin Richard Himsel, Robert J. Lannon, Susan M. Lannon v. Samuel Himsel, Cory M. Himsel, Clinton S. Himsel, 4/9 Livestock, LLC, and Co-Alliance, LLP and State of IndianaIndiana Court of Appeals · 2019

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