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1/25/2018 7:38:29 AM
Posted: 7/27/2001 5:26:19 AM EST
http://www.hoosiertimes.com/stories/2001/07/26/news.010726_HT_A1_PM023628.sto?PREVURI=%2Fstories%2F2001%2F07%2F26%2Findex HoosierTimes: State appeals court upholds gun rights July 26, 2001 State appeals court upholds gun rights Associated Press INDIANAPOLIS — The Indiana Court of Appeals has ruled that gun owners do not have a duty to the public to reasonably care for their firearms. The 2-1 decision upholds a trial court decision dismissing a lawsuit against the owners of a gun used to kill an Allen County police officer. Deputy Eryk Heck was killed when he exchanged fire with burglary suspect Timothy Stoffer Aug. 15, 1997. Stoffer, who also died, stole the gun used in the shootout from his parents. The Heck family sued Ray and Patricia Stoffer in 1999, claiming Timothy Stoffer had criminal and violent tendencies and his parents had a duty to ensure that he did not gain access to the handgun used to kill Heck. The appeals court said some Indiana cases require reasonable care in other contexts, such as by dog owners or people waxing a public floor. Those cases are different, though, because they don't involve a constitutionally protected right, the decision said. "I'm happy. It was a good decision," said David Hawk, the Stoffers' attorney. "You can't owe a duty to the whole world. If so, then no one can do anything without fear of liability." Hawk said he hoped the decision would bring some closure to the tragedy, but he said he believed the case likely would be appealed to the Indiana Supreme Court. John Theisen, the attorney representing the Heck family, said he will recommend to his clients that they appeal. "It is a cutting edge question that courts are going to have to address," Theisen said. Judge Patrick Sullivan dissented, saying the Stoffers knew of the likelihood that their son might break the law. "The duty of reasonable care is owed to the persons who foreseeably might be injured by unauthorized possession and use of the gun," Sullivan said. "Deputy Heck was just such a person." Contact the Web staff or visit the HoosierTimes.com advertiser's kit. Content provided by the Herald-Times, Times-Mail, and Reporter-Times. Created by htInteractive Media, a division of The Herald-Times.
Link Posted: 7/27/2001 6:01:55 AM EST
Another reason I love this state!
Link Posted: 7/27/2001 6:30:38 AM EST
[Last Edit: 7/27/2001 6:27:56 AM EST by Kevinw]
Originally Posted By ARlady: Another reason I love this state!
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You took the words right out of my mouth ARlady (So I can't spell.. Sue me)
Link Posted: 7/27/2001 7:47:09 AM EST
[Last Edit: 7/27/2001 11:07:12 AM EST by KBaker]
I'm dumbfounded. Pleased, but dumbfounded. You can bet this decision will be soundly denounced by Sara et. al. Bravo Indiana!
Link Posted: 7/27/2001 7:48:49 AM EST
I am with both of you on that [:)]! Tyler
Link Posted: 7/27/2001 6:35:45 PM EST
BTT for those that missed it.
Link Posted: 7/28/2001 9:18:38 AM EST
Okay, I'm ready to come back now!
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