Slaughter, J.
Under Indiana law, “a person may not bring an action against a firearms … seller for … recovery of damages resulting from the criminal or unlawful misuse of a firearm … by a third party.” We agree with the parties that this statute is unambiguous. By its plain terms, the statute immunizes a firearms seller from a damages suit for injuries caused by another person’s misuse of a firearm, regardless of whether the sale was lawful. Having previously granted transfer, we hold that Plaintiff’s claims for damages must be dismissed, but his claim seeking a non-damages remedy survives. We affirm in part and reverse in part.
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The parties agree that Section 34-12-3-3(2), which lies at the heart of this litigation, is unambiguous, but they disagree on its meaning. We conclude as follows: Section 34-12-3-3(2) unambiguously bestows immunity on KS&E to the extent Runnels seeks damages resulting from Martin’s misuse of a firearm; Runnels’s negligence, piercing-the-corporate-veil, and civil- conspiracy claims fail Rule 12(C) review because they seek only money damages; and Runnels’s public-nuisance claim survives to the extent it seeks equitable relief. Finally, we hold that federal law does not preempt this statute and reject Runnels’s constitutional claims.
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We specifically reject KS&E’s argument that Runnels’s public-nuisance claim for injunctive relief is barred by Section 34-12-3-5(3), which provides:
Nothing in this chapter may be construed to prohibit a person from bringing an action against a firearms . . . seller for recovery of damages for the following: (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.
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. We disagree. Section 3 does not bar the public-nuisance claim. Subsection 3(1) is no obstacle because his claim asserts a public nuisance based on unlawful sales. And subsection 3(2) does not stand in the way to the extent the claim seeks equitable relief. Thus, the public-nuisance claim’s request for equitable relief survives Rule 12(C).
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Conclusion
We hold that Indiana Code section 34-12-3-3(2) is unambiguous and functions as a limited immunity statute that insulates KS&E from suits for “recovery of damages resulting from the criminal or unlawful misuse of a firearm . . . by a third party.” Thus, Runnels’s negligence, piercing the-corporate-veil, and civil-conspiracy claims, which demand only money damages, must be dismissed. Section 34-12-3-3(2), however, does not immunize KS&E from Runnels’s public nuisance claim seeking equitable relief. That claim survives and may proceed. Finally, we conclude the statute is not preempted by federal law and does not violate either state or federal Constitution. We affirm in part, reverse in part, and remand to the trial court for further proceedings consistent with this opinion.
David and Massa, JJ., concur.
Rucker, J., concurs in part and dissents in part with separate opinion in which Rush, C.J., concurs.
Rucker, J., concurring in part, dissenting in part.
I agree the trial court erred in denying KS&E Sports’ motion for judgment on the pleadings. Such a motion should be granted “where it is clear from the face of the complaint that under no circumstances could relief be granted.” Slip op. at 5 (citations omitted). Here, although the facts in the complaint are detailed and comprehensively worded, they fail to suggest a critical point in my view, namely: that KS&E Sports knew or should have known that Martin was a convicted felon, prohibited by federal law from purchasing or possessing firearms. On this narrow point, I concur.
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I am not persuaded and cannot believe the legislature intended immunity under the facts posed by the hypothetical. It appears to me the statute was designed to protect innocent and unknowing gun sellers from the acts of third parties. The legislature could not have intended to protect gun sellers from their own illegal acts. On this point, I respectfully dissent.
Rush, C.J., concurs.