Ind. Code » Title 34
Indiana Code

Ind. Code § 34-12-3-5 (2026)

Allowable actions

✓ current as of May 2026
Find cases: SyfertCases citing this section JustiaInd. Code CornellLII Search CasesGoogle Scholar

     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

 

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2016–2024 · leading case: KS&E Sports & Edward J. Ellis v. Dwayne H. Runnels, 72 N.E.3d 892 (Ind. 2017).
Sort: Relevance Newest Treatment
KS&E Sports & Edward J. Ellis v. Dwayne H. Runnels, 72 N.E.3d 892 (Ind. 2017). · cites it 8× “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.”
City of Gary v. Smith & Wesson Corp., 126 N.E.3d 813 (Ind. Ct. App. 2019). · cites it 4× “Code § 32-30-6-7 (b) ; Ind. Code § 34-12-3-5 (3). The City does not argue that our review of this issue should be precluded by the law of the case doctrine, perhaps because of the legislative changes since Gary 1 .”
KS&E Sports & Edward J. Ellis v. Dwayne H. Runnels, 66 N.E.3d 940 (Ind. Ct. App. 2016). · cites it 4× “§ 34-12-3-3(2) prohibiting actions against firearms sellers 6 I.C. § 34-12-3-5 provides the following exceptions, which are not applicable in this case: Nothing in this chapter may be construed to prohibit a person from bringing or maintaining an action against a firearms or…”
Johnson v. Wev Works, LLC d/b/a Roam (S.D. Ind. 2024). · cites it 2× “" See Ind. Code 34-12-3-5. It is clear Johnson's claims fall under § 34-12-3-5.”
E.D. v. Noblesville Sch. Dist. (S.D. Ind. 2023). “CODE § 34-12-3-5(c)). 6 Plaintiffs did not allege that Defendants Luna, Mobley, McCaffrey, or Niedermeyer engaged in social media activity.”
— Ind. Code § 34-12-3-5(3) — 1 case
KS&E Sports & Edward J. Ellis v. Dwayne H. Runnels, 72 N.E.3d 892 (Ind. 2017). “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.”
— Ind. Code § 34-12-3-5(c) — 1 case
E.D. v. Noblesville Sch. Dist. (S.D. Ind. 2023). “CODE § 34-12-3-5(c)). 6 Plaintiffs did not allege that Defendants Luna, Mobley, McCaffrey, or Niedermeyer engaged in social media activity.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.