The Supreme Court is set to hear a significant case in early March involving a lawsuit filed by the Mexican government against U.S. gun manufacturers. The core of the legal battle revolves around whether these companies should be held accountable for the damages resulting from the use of their firearms by cartels in Mexico.
Mexico contends that U.S. gun makers should not be shielded by a law enacted in 2005. This law, known as the Protection of Lawful Commerce in Arms Act (PLCAA), generally protects gun manufacturers from liability when their products are misused by others. However, Mexico argues that the gun makers have actively supported illegal gun sales to traffickers, thereby losing their entitlement to protection under the PLCAA. They are pointing to an exception within the PLCAA that allows legal action if a company knowingly violates firearms laws, and these violations directly lead to the harm.
Mexico initially brought the lawsuit in a Massachusetts federal court in August 2021. The case was dismissed in September 2022 for not meeting the PLCAA requirements. However, the First Circuit Court of Appeals overturned this decision on appeal.
A judge from the First Circuit stated that Mexico’s complaint sufficiently alleges that the gun makers assisted in the unlawful trafficking of their guns into Mexico. While the appeals court rejected some of Mexico’s claims, it agreed that Mexico had successfully argued that the gun makers’ business practices contributed to firearms trafficking to cartels, causing harm to the Mexican government. The judge explained that the gun makers are helping cartels obtain military-grade weapons, forcing the Mexican government to spend significantly more to combat the increased violence.
The appeals court based its decision on the allegations presented in Mexico’s complaint and acknowledged that Mexico will need to provide evidence to support its claims later in the legal process.
Attorneys for the gun manufacturers argue that they have been operating legally for years. They claim that Mexico is attempting to use the American court system to impose gun control regulations on the United States that the American people would never accept through the ordinary political process. They also reject the idea that Mexico can claim an exemption under the PLCAA. The manufacturers cite a Supreme Court decision from 2023, arguing that merely making products available, knowing that some criminals may misuse them, is not enough to prove aiding and abetting criminal activity.
The Supreme Court agreed to hear the case on October 4, 2024. The court will consider whether the U.S. firearms production and sales are the direct cause of the Mexican government’s alleged injuries from drug cartels. They will also examine whether U.S. firearms production aids illegal firearms trafficking because the companies allegedly know that some of their products are trafficked unlawfully.
In January 2025, Mexico stated that the First Circuit properly ruled on the proximate cause claim and that the ruling was just the first step in a long process. The gun makers’ attorneys countered that Mexico cannot prove a long-term criminal conspiracy involving firearms trafficking. They argue that general knowledge that some products will be used illegally does not make the supplier a criminal.
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