Lead Opinion
On Pеtition to Transfer from the Indiana Court of Appeals, No. 49A02-1501-CT-42
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 claims for damages must be dismissed, but his claim seeking a non-damages remedy survives. We affirm in part and reverse in part.
Factual and Procedural History
Demetrious Martin, now deceased, was a convicted felon who could not legally purchase or possess a fireаrm. KS&E Sports, which is located in Indianapolis, sells firearms. In October 2011, Martin and Tarus Blackburn went to KS&E to browse. Martin had his eye on a Smith & Wesson .40 caliber handgun. In front of Blackburn and a KS&E employee, Martin identified the Smith & Wesson as a handgun he liked. The two customers eventually left the store without making a purchase.
Later that same day, Blackburn returned to KS&E and bought the Smith & Wesson Martin had identified. As the buyer of record, Blackburn completed the re
Two months later, in December 2011, Martin used that same handgun to shoot Indianapolis Metropolitan Police Department officer Dwayne Runnels during a traffic stop. Officer Runnels had stopped a maroon Chevrolet Impala matching the description of a vehicle connected to a recent armed robbery and shooting. As Runnels apрroached the Impala, Martin got out of the car with the handgun and fired two shots at Runnels. Although Runnels sustained a gunshot wound to the hip, he was able to return fire and killed Martin. As a result of the shooting, Runnels suffered serious physical injuries and financial damages.
In May 2012, Blackburn was charged with, and later pleaded guilty to, one count of making a false and fictitious written statement in acquiring a firearm—ie., being a “straw” purchaser—in violation of 18 U.S.C. § 922(a)(6).
In December 2013, just days shy of the shootout’s two-year anniversary, Runnels filed an eight-count complaint in the Marion Superior Court naming as defendants KS&E; Blackburn, who made the “straw purchase” for the firearm—that is, he posed as the buyer (the straw or middleman) of a firearm actually intended for Martin; and Edward J. Ellis, a KS&E officer, director, and shai’eholder. The complaint asserts various claims for negligence, conspiracy, and public nuisance.
The gist of Runnels’s allegations is that KS&E proximately caused him harm by its negligent, reckless, and unlawful sale of the Smith & Wesson handgun to Blackburn, the straw buyer, and by the negligent entrustment of that firearm to Blackburn and ultimately Martin, who used it to shoot and injure Runnels. Runnels also seeks to pierce the corporate veil and hold Ellis personally liable for KS&E’s wrongdoing.
KS&E and Ellis moved for judgment on the pleadings under Indiana Trial Rule 12(C), arguing Indiana Code section 34-12-3-3(2) granted them immunity and required “immediate dismissal”. The statute in effect at the time of the shooting stated:
Sec. 3. Except as provided in section 5(1) or 5(2) of this chapter, a person may not bring an action against а firearms or ammunition manufacturer, trade association, or seller for:
(1) recovery of damages resulting from, or injunctive relief or abatement of a nuisance relating to, the lawful:
(A) design;
(B) manufacture;
(C) marketing; or
(D) sale;
of a firearm or ammunition for a firearm; or
(2) recovery of damages resulting from the criminal or unlawful misuse of a firearm or ammunition for a firearm by a third party-
Ind. Code § 34-12-3-3 (2008 Repl.). After holding a hearing, the trial court denied the 12(C) motion but granted leave to KS&E and Ellis to file an amended answer. KS&E and Ellis moved the court to certify its order denying the 12(C) motion for interlocutory appeal. The trial court obliged, and the Court of Appeals accepted jurisdiction.
The Court of Appeals affirmed in a split decision generating three separate opinions. KS&E Sports v. Runnels,
Judge Brown joined the Court’s opinion but wrote separately to emphasize her view that Section 34-12-3-3 does not “bar actions against firearms sellers relating to their own unlawful activity.” Id. at 950.
Judge Altice dissented, disagreeing with what he termed the Court’s “strained” reading of the statute. Id. at 954. He characterized the majority opinion as having “relegate[d] [the stаtute] to a recodification of comparative fault principles”. Id. For the dissent, the statute is “a quintessential immunity provision”, id. that prohibits even bringing an action and mandates dismissal and an award of defendants’ attorney’s fees and costs when plaintiffs bring unauthorized actions, see I.C. § 34-12-3-4. The dissent determined that “[ujnder the plain language of the statute, KS&E cannot be found liable for the alleged harm regardless of its degree of fault.”
KS&E and Ellis then sought transfer, which we granted, thereby vacating the Court of Appeals opinion. The central issue presented is whether Section 34-12-3-3(2) immunizes firearms sellers, like KS&E, from civil actions for damages resulting when a third party, like Martin, misuses a firearm. Concluding that it does, regardless of the seller’s culpability, we affirm in part, reverse in part, and remand to the trial court for farther proceedings.
Standard of Review
A motion for judgment on the pleadings under Trial Rule 12(C) tests the sufficiency of a claim or defense presented in the pleadings and should be granted “only where it is clear from the face of the complaint that under no circumstаnces could relief be granted.” Veolia Water Indianapolis, LLC v. National Trust Ins. Co.,
This Court likewise reviews issues of statutory interpretation de novo. Ballard v. Lewis,
Discussion and Decision
The parties agree that Section 34-12-3-3(2), which lies at the heart of this litigation, is unambiguous, but they disagree on its meaning. We conclude as follows: Section 34-12-3-3(2) unambiguously bestows immunity on KS&E to the extent Runnels seeks damages resulting from Martin’s misuse of a firearm; Runnels’s negligence, piercing-the-corporate-veil, and civil-conspiracy claims fail Rule 12(C) review because they seek only money damages; and Runnels’s public-nuisance claim survives to the extent it seeks equitable relief. Finally, we hold that federal law does not preempt this statute and reject Runnels’s constitutional claims.
I. The unambiguous statute operates as a limited immunity provision insulating a firearms seller from a suit for damages caused by a third party’s misuse of a firearm, regardless of the seller’s culpability.
A. The statutory bar applies even to unlawful firearms sales.
We begin by agreeing with the parties that Section 34-12-3-3(2) is clear, unambiguous, and not susceptible to multiple interpretations. Thus, we dispense with traditional interpretative canons and read the statute according to its plain meaning. Ba-sileh,
By its terms, the statute bars actions agаinst firearms sellers for “recovery of damages resulting from the criminal or unlawful misuse of a firearm ... by a third party.” I.C. § 34-12-3-3(2) (2008 Repl.). On its face, this provision forecloses damages claims when a third party’s misuse of a firearm injures the plaintiff. Nothing in the statute limits its application to situations where a third party obtained the firearm, directly or indirectly, from a lawful sale.
Elsewhere in the same section, a different statutory bar applies only to “lawful” sales. “[A] person may not bring an action against a firearms ... seller for ... recovery of damages resulting from, or injunc-tive relief or abatement of a nuisance relating to, the lawful ... sale ... of a firearm[.]” Id § 34-12-3-3(l)(D) (emphasis added). Thus, the legislature knows how to craft a statutory bar that applies only to sales made lawfully.
In contrast, the operative provision here—subsection 3(2)—drops the requirement that the sale be “lawful”. This omission indicates the legislature was not imposing that requirement when damages result from “the criminal or unlawful misuse of a firearm ... by a third party,” Id. § 34-12-3-3(2). Thus, based on what this statute both says and does not say, we agree with KS&E that this bar applies even if the firearm had been sold unlawfully.
• Únlike Indiana, other jurisdictions have expressly denied immunity to firearms sellers that violate the law. See, ■ e.g., 15 U.S.C. § 7903(5)(A)(iii) (2012) (withholding immunity where firearms seller “knowingly violated a State or Federal statute applicable to the sale or marketing of the [firearm], and the violation was a proximate cause of the harm for which relief is sought”); Colo. Rev. Stat. 13-21-504.5(4) (2016) (providing that firearms dealer “may be sued in tort for any damages proximately caused by an act of the dealer in violation of a state or federal
B. The statute is an immunity provision.
We also agree with KS&E that the statute functions as an immunity provision. Section 34-12-3-3(2) does more than insulate a firearms seller from liability. It forecloses aggrieved plaintiffs from bringing suit. The statute does not mince words. If a plaintiff files a “groundless” action— ie., one that violates the statutory ban— “the 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.” I.C. § 34-12-3-4 (2008 Repl.) (emphasis added).
Taken together, these provisions prescribe an immunity from suit. When a statute enjoins aggrieved persons from bringing suit under specified circumstances, mandates dismissal if the grievant brings suit anyway, and subjects the griev-ant to paying the defendant’s fees and costs for non-compliance, the statute is tantamount to a grant of immunity. We share Judge Altice’s view that Indiana Code chapter 34-12-3 is “a quintessential immunity provision.”
The statute’s failure to use the word “immunity” does not undermine our conclusion. The legislature has enacted other immunity statutes without using that specific term. For example, the Indiana Tort Claims Act provides that governmental entities and them employees are “not liable”, I.C. § 34-13-3-3 (2014 Repl.), but does not say they are immune. Yet we have consistently described the Act as an immunity statute and applied it accordingly. Peavler v. Board of Comm’rs of Monroe County,
Another enactment—the Equine Activity Statute—likewise does not speak in express “immunity” terms: “a participant or participant’s representative may not make a claim against; maintain an action against; or recover from an equine sponsor or equine professional for injury, loss, damage, or death of the participant resulting from an inherent risk of equine aсtivities.” I.C. § 34-31-5-l(b) (emphasis added). But our courts have nevertheless construed it as an immunity statute. See Einhorn v. Johnson,
To be sure, the legislature would assist our interpretive cause were it to refer expressly to “immunity” whenever bestowing it. But, as we have held, such specificity is not required. The legal analysis is more functional than formal. A statute need not use that particular term to confer an immunity if the language employed makes clear that result was the legislative goal.
C. The immunity conferred is limited and not absolute.
Section 34-12-3-3(2) does not confer the far-reaching immunity urged by
As we discuss next, we dismiss Runnels’s various damages claims but not his public-nuisance claim—the only claim for which Runnels seeks equitable relief.
II. On the present record, only the public-nuisance claim survives the immunity statute.
Immunity is a threshold legal issue suitable for review under Rule 12(C). See Veolia,
We conclude it would be premature on this record to dismiss all of Runnels’s claims. Although the immunity statute applies, we cannot say there are no circumstances under which Runnels could obtain relief. Based on his complaint, Runnels may be'entitled to equitable relief on the public-nuisance claim. But his other claims, which seek only damages, must be dismissed.
A. The negligence claims do not survive because Runnels seeks only damages, and his injuries result from the unlawful misuse of a firearm by Martin, a third party.
Runnels’s complaint asserts four counts alleging KS&E was negligent: negligence (Count I), negligent entrustment (Count II), negligence per se (Count IV), and negligent hiring, training, and supervision (Count V). A recurring theme throughout his allegations is that if KS&E had followed governing law and applicable gun-sales standards, “the Smith & Wesson handgun would not have been sold to Blackburn and [Runnels] would not have been shot.”
Given these allegations, KS&E enjoys immunity under subsection 3(2). Runnels alleges he sustained injuries when Martin, who had no legal right to possess the handgun, shot Runnels with it during a traffic stop. By any measure, that amounts to “criminal or unlawful misuse of a firearm ... by a third party.” I.C. § 34-12-3-3(2). And for the injuries he sustained, Runnels seeks only damages on these negligence counts.
Runnels cannot avoid KS&E’s entitlement to immunity by arguing he seeks relief only for KS&E’s own misconduct and not that of third parties Blackburn or Martin. Under Runnels’s theory of this case, he incurred no injury until Martin shot him. We hold under the governing immunity statute that Runnels’s claims “result[] from the criminal or unlawful
Moreover, even under generous notice-pleading standards, Runnels seeks only damages for KS&E’s negligence. Runnels’s catch-all prayer for “such other and further relief as the Court may deem appropriate” does not suffice to put KS&E on notice of what it stands to lose in this lawsuit—that it could be liable in equity, as well as law, for its negligence. “A complaint must bе construed according to its general scope and tenor, as appears from the averments, and the prayer will not control and determine its validity.” West Muncie Strawboard Co. v. Slack,
For each negligence claim, Runnels alleges he “suffered damages in an amount to be proven and determined at trial”. Each negligence count spells out Runnels’s compensable injuries requiring money damages—lost wages; past, present, and future medical expenses; and pain and suffering—but nowhere mentions equitable relief. Runnels does not seek equitable relief despite the established rule that plaintiffs may obtain such relief “if there is no appropriate money damage award to compensate [them].” City of Gary ex rel. King v. Smith & Wesson Corp.,
Based on his complaint, Runnels’s negligence claims are for damages not equitable relief. We dismiss these claims under subsection 3(2).
B. The civil-conspiracy claim does not survive because Martin is not alleged to be part of the conspiracy, the conspiracy’s scope extends only to straw sales and not misuse of a firearm, and Runnels seeks only damages.
For similar reasons, the civil-conspiracy claim fares no better. Count VI alleges that Runnels sustained injuries resulting from a civil conspiracy among KS&E, its owners, employees, and Blackburn to “unlawfully and unreasonably sell firearms” to make a profit. The problem for Runnels is three-fold. First, he does not allege Martin is part of the conspiracy. Second, the conspiracy Runnels does allege is to boost KS&E’s profits by making unlawful gun sales, not to enable third parties to misuse firearms. Third, the relief Runnels seeks is damages.
Under Indiana law, there are no “third parties” to a conspiracy. “[E]ach participant in the conspiracy may be held responsible as a joint tortfeasor for damages caused by the wrongful or contemptuous acts regardless of the degree of active participation.” Boyle v, Anderson Fire Fighters Ass’n Local 1262, AFL-CIO,
Like the negligence claims, the conspiracy claim seeks only damages. Thus, the immunity from “recovery -of damages resulting from the criminal or unlawful misuse of a firearm ... by a third party”, I.G. § 34-12-3-3(2), squarely applies here, and the conspiracy claim must also be dismissed.
C. The public-nuisance claim survives to the extent Runnels seeks to enjoin or abate a nuisance.
Count VII alleges that KS&E “caused, created, and maintains substantial and unreasonable interference with the public’s health, safety, convenience, comfort, peace, and use of public property and/or private property” and thus constitutes a public nuisance. Runnels requests damages and an order “enjoining or abating the public nuisancе ... until [KS&E] modifies its deficient sales, training, and marketing policies governing the sale of firearms, and retrains its employee(s), to reasonably and adequately minimize the risk that criminal[s], juveniles, and other prohibited and/or dangerous persons will obtain firearms from KS&E”. This claim survives because Runnels sufficiently pleads a public nuisance and seeks equitable relief.
By statute, Indiana defines a nuisance and affords a cause of action against it. “Whatever is: (1) injurious to health; (2) indecent; (3) offensive to the senses; or (4) an obstruction to the free use of property; so as essentially to interfere with-the comfortable enjoyment of life or property, is a nuisance, and the subject of an action.” I.C. § 32-30-6-6 (2008 Repl.). Plaintiffs may bring “[a]n aсtion to abate or enjoin a nuisance” if their “property is injuriously affected” or their “personal enjoyment is lessened” by the nuisance. Id. § 32-30-6-7(a). Possible remedies include enjoining or abating the nuisance and recovering damages. Id. § 32-30-6-8.
In City of Gary, we interpreted our public-nuisance statutes in connection with lawsuits against firearms manufacturers, distributors, and dealers and held thé plaintiff could bring a public-nuisance action against these defendants for their ah leged illegal straw sales.'
The City alleges that- the [firearm] dealer-defendants have participated in straw purchases and other unlawful retail transactions, and that manufacturers and distributors have intentionally ignored these unlawful transactions. The result is a large numbеr of handguns in the hands of persons who present a substantial danger to public 'safety in the City of Gary. Taken as true, these allegations are sufficient to allege an unreasonable chain of distribution of handguns sufficient to give rise to a public nuisance generated by all defendants.
Runnels makes similar allegations here. He alleges KS&E engaged in negligent and illegal business practices, including straw purchases, that flooded' the streets with guns used in crimes. Between 1996 and 2000, KS&E allegedly sold at least 529 guns traced to and recovered from crimes, making it “the 34th top crime-gun seller in the nation” during that period. These allegations sufficiently plead a claim for public nuisance.
Nothing in this chaptеr may be construed to prohibit a person from bringing an action against a firearms ... seller for recovery of damages for the following: (3) 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 section 3 of this chapter.
I.C. § 34-12-3-5 (2008 Repl.). According to KS&E, Runnels’s public-nuisance claim is barred under Section 34-12-3-3 and thus is necessarily prohibited under Section 5. We disagree. Section 3 does not bar the public-nuisance claim. Subsection 3(1) is no obstacle because his claim asserts a public nuisance based on unlawful sales. And subsection 3(2) does not stand in the way to the extent the claim seeks equitable relief. Thus, the public-nuisance clаim’s request for equitable relief survives Rule 12(C).
D. The pierce-the-corporate-veil “claim” does not survive because KS&E’s immunity means Ellis faces no damages liability.
Count VIII seeks to pierce the corporate veil and hold Ellis—KS&E’s “owner”— person-ally liable for the company’s wrongdoing. Under Indiana law, a necessary predicate to piercing the corporate veil is corporate liability that can be tunneled to shareholders. See generally Aronson v. Price,
III. Section 34-12-3-3 is neither preempted by federal law nor unconstitutional.
Runnels raises alternative arguments focusing on preemption and constitutionality in case we interpret Section 34-12-3-3(2) to bestow firearms sellers with blanket immunity. But as discussed, we do not read subsection 3(2) that way. The statute provides a limited immunity, for damages claims, but not for claims seeking other relief. Thus, although Runnels’s premise for addressing these additional arguments does not apply, we nevertheless consider them and conclude they lack merit.
A. The statute is not preempted by federal law.
Runnels argues that federal law—specifically, the Protection of Lawful Commerce in Arms Act (PLCAA), 15 U.S.C. §§ 7901 et seq.—preempts Section 34-12-3-3(2). Like our statute, the PLCAA precludes certain civil actions against firearms manufacturеrs, distributors, and retailers when injury results from third-party misuse of a firearm. 15 U.S.C. §§ 7902(a), 7903(5)(A). Unlike our statute, however, the PLCAA does not bar civil actions against firearms sellers for harm resulting from their own negligence or wrongdoing. 15 U.S.C. §§ 7903(5)(A)(ii), (iii). Runnels argues these federal exceptions preempt subsection 3(2) and foreclose Indiana from granting additional immunity from suit for culpable firearms sellers. Runnels cites two statements from United States Senators Craig and Hatch in support of his argument that Congress intended the PLCAA to preempt state laws. We disagree and hold that the PLCAA does not preempt subsection 3(2).
Our preemption analysis starts with a presumption against preemption. Kennedy Tank & Mfg. Co. v. Emmert Indus. Corp.,
Runnels does not argue Congress preempted state firearms-immunity laws expressly. Rather, he contends their preemption is implied under the twin doctrines of field and conflict preemption. Field preemption applies when federal regulation is so extensive it may be inferred Congress intended to occupy the entire legislative field. Arizona,
There is no field preemption. The PLCAA is not a comprehensive regulatory scheme. Of relevance here, it prohibits would-be plaintiffs from bringing lawsuits against firearms sellers under certain circumstances. But neither the statute’s terms nor its scope implies Congress intended to foreclose states from providing greater protection to firearms sellers. States like Indiana remain free to provide immunity from actions not prohibited by the PLCAA.
Nor is there conflict preemption. The PLCAA’s plain language and stated purpose are to protect sellers from liability when third parties misuse firearms, 15 U.S.C. § 7901(a)(5), and to “preserve and protect ... important principles of federalism[ and] State sovereignty”, id § 7901(b)(6). Section 34-12-3-3(2) does no damage, let alone “major damage”, to those purposes. And it is not impossible for these two statutes—the PLCAA and Section 34-12-3-3(2)—to operate in tandem. Because we cannot say Congress clearly and manifestly intended the PLCAA to preempt state law, we find no preemption here.
B. Runnels’s constitutional arguments are without merit.
We turn, finally, to Runnels’s constitutional arguments and hold they, too, lack merit.
1. No open-courts violation
Runnels argues, first, that subsection 3(2) violates Article 1, Section 12 of the Indiana Constitution—the Open Courts Clause, which provides: “All courts shall be open; and every person, for injury done to him in his person, property, or reputation, shall have remеdy by due course of law.” As we have explained, “the Open Courts clause does not prohibit all conditions on access to the courts, but it does prevent the legislature from arbitrarily or unreasonably denying access to the courts.” Smith v. Indiana Dep’t. of Corr.,
In considering this and other challenges, we note that “every statute stands before us clothed with the presumption of constitutionality unless clearly overcome by a contrary showing.” Meredith v. Pence,
The right of access presupposes an underlying cause of action to which the right of access attaches and for which the law affords a remedy. The legislature has wide latitude in defining the existence and scope of a cause of action and in prescribing the available remedy. In McIntosh v. Melroe Co.,
The legislature, in its discretion, afforded plaintiffs like Runnels a right of access in these cases, albeit through limited causes of actiоn and limited recoveries. And on this record, Runnels has both a cause of action and remedy. He can still seek equitable relief on the public-nuisance claim to prevent what he asserts is KS&E’s serial practice of “negligently, recklessly, and/or intentionally selling vast quantities of firearms in a manner that ensures a steady flow of firearms in large quantities to illegal traffickers, the illegal secondary market, criminals, juveniles, and others prohibited by law from having firearms”. Just because the legislature has foreclosed a damages recovery against firearms sellers in specified circumstances does not mean Runnels has been denied access to the courts. The legislature’s policy choice to bar damages suits against such sellers for injuries resulting from a third party’s misuse of a firearm is within its broad discretion. We cannot say its choice was irrational or illegitimate.
2. No violation of equal privileges and immunities
Next, Runnels argues subsection 3(2) violates Article 1, Section 23 of the Indiana Constitution, which provides “[t]he General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.” Runnels objects that the statute singles out culpable gun sellers for immunity and thus “consign[s]” their victims “to the status of second-class citizens, without rights for civil redress.” It is not rational, he maintains, to treat sellers of firearms differently than sellers of, say, knives.
We review equal-privileges- and-immunities challenges under a two-part standard. “First, the disparate trеatment accorded by the legislation must be reasonably related to inherent characteristics which distinguish the unequally treated classes. Second, the preferential treatment must be uniformly applicable and equally available to all persons similarly situated.” Collins v. Day,
Runnels has not negated every conceivable basis for treating gun sellers more favorably than sellers of other weapons. We do not know what motivated our legislature’s enactment of subsectiоn 3(2). One explanation may be that the legislature, like Congress when it enacted the PLCAA, perceived that recent lawsuits against the firearms industry threatened its stability and jeopardized the continued availability of firearms even to law-abiding citizens wishing to exercise their Second Amend
3. No violation of due process
Lastly, Runnels argues the statute, if “interpreted to immunize gun sellers from all claims, including when the gun seller engaged in illegal conduct, ... would also be unconstitutional under the Due Process Clause of the Fourteenth Amendment.” This argument also fails. As noted, the statute does not immunize gun sellers from all claims. Runnels can still prosecute his public-nuisance claim and obtain equitable relief.
What is more, a threshold due-process inquiry is whether the claimant has a “protectable interest” at stake. McIntosh,
⅜ ⅜ ⅝
Our role here is confined to interpreting the statute, consistent with its plain meaning, by giving effect to what the legislature both said and did not say. We have read Section 34-12-3-3(2) in a way neither side advanced—an immunity from suit for culpable firearms sellers, contrary to Runnels’s argument; but a limited immunity extending only to damages actions, contrary to KS&E’s. The legislature’s policy choices, so long as they are constitutional, are beyond our purview. We neither applaud the wisdom of such choices nor condemn their folly. We simply assess their legality. Once we determine they pass muster, our task concludes. Having thus interpreted the statute, we conclude it falls within the legislature’s broad discretion and does not run afoul of either state or federal Constitution.
Of course, there may be other legal recourse against KS&E for its alleged straw sales, including criminal prosecution and regulatory challenges to its authority to sell firearms in interstate commerce. But the availability of any such enforcement action has no bearing on today’s holding, which concerns a tort action against a seller of firearms for damages resulting from a third party’s misuse of a firearm.
Conclusion
We hold that Indiana Code section 34-12-3-3(2) is unambiguous and functions as a limited immunity statute that insulates KS&E from suits for “recovery of damages resulting from the criminal or unlawful misuse of a firearm ... by a third party.” Thus, Runnels’s negligence, piere-ing-the-corporate-veil, and civil-conspiracy claims, which dеmand only money damages, must be dismissed. Section 34-12-3-3(2), however, does not immunize KS&E from Runnels’s public-nuisance claim seeking equitable relief. That claim survives and may proceed. Finally, we conclude the statute is not preempted by federal law and does not violate either state or federal Constitution. We affirm in part, reverse in part, and remand to the trial court for
Rush, C.J., concurs.
Concurrence Opinion
concurring in part, dissenting in part.
I agree the trial court erred in denying KS&E Sports’ motion for judgment on the pleadings. Such a motion should be granted “where it is clear from the face of the complaint that under no circumstances could relief be granted.” Op. at 898 (citations omitted). Here, although the facts in the complaint arе detailed and comprehensively worded, they fail to suggest a critical point in my view, namely: that KS&E Sports knew or should have known that Martin was a convicted felon, prohibited by federal law from purchasing or possessing firearms. On this narrow point, I concur.
However, I part company with my colleagues on their expansive reading of the statute. Consider the following hypothetical: Two men walk into a gun store. Person #1 tells the proprietor, “I am wanting to buy a firearm for my friend here who is a convicted felon who cannot lawfully purchase a firearm. My record is clean.” Person #2 confirms he is a convicted felon and tells the store owner, “I intend to go on a shooting spree.” The purchase is consummated and the next day the convicted felon goes out and wreaks havoc on an elementary school and wounds first responders in the process.
In the majority’s view the gun store would be immune from civil liability and not accountable in civil court to the victims of the shooting. This is so, according to the majority, because “[t]he unambiguous statute operates as a limited immunity provision insulating a firearms seller from a suit for damages caused by a third party’s misuse of a firearm, regardless of the seller’s culpability.” Op. at 899 (emphasis added).
I am not persuaded and cannot believe the legislature intended immunity under the facts posed by the hypothetical. It appears to me the statute was designed to protect innocent and unknowing gun sellers from the acts of third parties. The legislature could not have intended to protect gun sellers from their own illegal acts. On this point, I respectfully dissent.