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."

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Another reason I love this state!

You took the words right out of my mouth ARlady


(So I can't spell..  Sue me)

I'm dumbfounded.  Pleased, but dumbfounded.  

You can bet this decision will be soundly denounced by Sara et. al.

Bravo Indiana!

I am with both of you on that [:)]!

Tyler

BTT for those that missed it.

Okay, I'm ready to come back now!