INDIANAPOLIS (WTHR) - The state's top court says Indiana gun dealers can not be sued for damages if a gun they sell is used to injure someone, even if the gun was part of an illegal sale.
It's an issue our 13 Investigates team has followed in a series called "The Gun Trail."
The issue stems from the shooting of IMPD Officer Dwayne Runnels in December 2011.
Runnels claimed KS&E Sports should pay for his suffering and time off because the store illegally sold the gun used in his shooting, knowing it was going to be given to a convicted felon. Felons aren't allowed to have guns.
Court documents show Demetrious Martin, the felon who shot Runnels, picked out a gun with his friend at KS&E Sports. That friend, Tarus Blackburn, later purchased the weapon and gave it to Martin. Blackburn was later convicted in federal court for the straw purchase. Martin was killed in the shootout with Runnels.
In a split decision, the Indiana Supreme Court ruled no matter how the gun was obtained, Indiana lawmakers give immunity to gun dealers, so Runnels can't collect damages.
But the justices said Runnels can pursue a public nuisance case against the gun store and remanded that part of the case back to Marion County Court.
According to Runnels' lawsuit, KS&E sold more than 500 guns traced back to crimes between 1996 and 2000, making it one of the top crime gun sellers in the nation.
