On Thursday, U.S. gun manufacturers took their case to the U.S. Supreme Court, seeking to challenge Mexico’s $10 billion lawsuit, which alleges their complicity in facilitating firearm trafficking to violent drug cartels operating along the U.S.-Mexico border.
Among the eight companies petitioning the Supreme Court are industry giants like Smith & Wesson Brands and Sturm, Ruger & Co. Their petition contends that a lower court erred in allowing Mexico’s lawsuit to proceed under an exception to the Protection of Lawful Commerce in Arms Act, a law that generally shields the firearms industry from liability for the misuse of their products.
The lawsuit, initially dismissed by a trial court judge citing the aforementioned law, gained traction when the 1st U.S. Circuit Court of Appeals ruled in January that Mexico’s claims could proceed under the narrow exception to the liability shield. This decision was based on Mexico’s allegations that the business practices of the gun manufacturers and distributor named in the lawsuit facilitated the illegal trafficking of firearms to Mexico.
Arguing against this ruling, the companies asserted to the Supreme Court that it contradicts established legal precedents and sets a dangerous precedent. Their lawyers emphasized that Mexico’s lawsuit lacks merit and should not be entertained by an American court.
The manufacturers raised concerns about the potential ramifications of allowing the lawsuit to proceed unchecked, warning of prolonged and costly litigation that could undermine the firearms industry’s integrity and autonomy. They portrayed Mexico’s legal action as an attempt to coerce the industry into adopting stricter gun-control measures that have been consistently rejected by American voters.
Responding to the manufacturers’ appeal, Alejandro Celorio, a legal adviser to Mexico’s foreign ministry, affirmed the country’s commitment to pursuing the lawsuit. Mexico contends that the defendants knowingly circumvented its stringent gun laws by promoting and distributing military-style assault weapons, contributing to widespread violence and criminal activities perpetrated by drug cartels.
Mexico’s lawsuit underscores the gravity of firearm trafficking from the U.S. into Mexico, with the country reporting that over 500,000 guns are smuggled annually across the border, a significant portion of which originate from the companies named in the lawsuit.
The defendants, however, maintain their innocence, asserting that their products are lawfully manufactured and distributed in compliance with existing regulations. Lawrence Keane, representing the National Shooting Sports Foundation, reiterated this stance, emphasizing the lawful nature of the industry’s operations.
