Indiana § 34-12-3-5 - Allowable actions

§ 34-12-3-5. Allowable actions

Sec. 5. Nothing in this chapter may be construed to prohibit a person from bringing or maintaining an action against a firearms or ammunition manufacturer, trade association, or seller for recovery of damages for the following:

(1) Breach of contract or warranty concerning firearms or ammunition purchased by a person.

(2) Damage or harm to a person or to property owned or leased by a person caused by a defective firearm or ammunition.

(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.

As added by P.L.19-2001, SEC.1. Amended by P.L.80-2004, SEC.4; P.L.106-2015, SEC.6.

IC 34-12-3.5Chapter 3.5. Legal Actions by a Political Subdivision Against a Firearm or Ammunition Manufacturer, Trade Association, Seller, or Dealer

34-12-3.5-1Application of chapter 34-12-3.5-2Definitions 34-12-3.5-3Permitted and prohibited actions

IC 34-12-3.5-1Application of chapter Sec. 1. This chapter applies to an action or suit filed by a political subdivision before, after, or on August 27, 1999.

As added by P.L.170-2024, SEC.2.

IC 34-12-3.5-2Definitions Sec. 2. The following definitions apply throughout this chapter:

(1) "Ammunition" has the meaning set forth in IC 35-47-1-2.5.

(2) "Firearm" has the meaning set forth in 18 U.S.C. 921(a)(3).

(3) "Political subdivision" has the meaning set forth in IC 34-6-2.1-155.

(4) "Trade association" means a corporation, unincorporated association, federation, business league, professional organization, or business organization that meets all of the following requirements:

(A) The entity is not organized or operated for profit.

(B) No part of the net earnings of the entity inures to the benefit of a private shareholder or individual.

(C) The entity is an organization:

(i) described in 26 U.S.C. 501(c)(6); and

(ii) exempt from taxation under 26 U.S.C. 501(a).

(D) Two (2) or more members of the entity are manufacturers or dealers in firearms or ammunition.

As added by P.L.170-2024, SEC.2. Amended by P.L.186-2025, SEC.178.

IC 34-12-3.5-3Permitted and prohibited actions Sec. 3. (a) Notwithstanding IC 34-12-3 or any other law, only the state of Indiana 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:

(1) design;

(2) manufacture;

(3) import;

(4) export;

(5) distribution;

(6) advertising;

(7) marketing;

(8) sale; or

(9) criminal, unlawful, or unintentional use;

of a firearm, ammunition, or a component part of a firearm or ammunition.

(b) Except as provided in subsection (c), notwithstanding IC 34-12-3 or any other law, a political subdivision may not independently bring or maintain an action described in subsection (a).

(c) This section does not prohibit a political subdivision from bringing an action against a firearm or ammunition manufacturer, seller, or dealer:

(1) alleging the breach of a contract or warranty as it relates to a firearm or ammunition purchased by the political subdivision; or

(2) to enforce a generally applicable zoning or business ordinance that applies to a firearm or ammunition manufacturer, seller, or dealer to the same degree as other similar businesses.

As added by P.L.170-2024, SEC.2.

IC 34-12-5Chapter 5. Prohibited Class Actions Based on Contract Arising from COVID-19

34-12-5-1Applies only to certain contract claims 34-12-5-2Application generally 34-12-5-3"Arising from COVID-19" 34-12-5-4"Claimant" 34-12-5-5"Covered entity" 34-12-5-6"COVID-19" 34-12-5-7Class actions prohibited