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Apr 19, 2024
5 mins read
5 mins read

U.S. Gun Manufacturers Seek Supreme Court Review of Mexico’s $10 Billion Lawsuit

U.S. Gun Manufacturers Seek Supreme Court Review of Mexico’s $10 Billion Lawsuit

American gun manufacturers request the U.S. Supreme Court to intervene in Mexico’s lawsuit claiming they facilitated illegal arms trafficking, fueling violence and crime.

By yourNEWS Media Newsroom

On Thursday, prominent U.S. gun manufacturers, including Smith & Wesson Brands and Sturm, Ruger & Co, have petitioned the U.S. Supreme Court to review a challenge to Mexico’s $10 billion lawsuit. Mexico seeks to hold these companies accountable for allegedly facilitating the trafficking of firearms to drug cartels across the U.S.-Mexico border.

The appeal arises after a decision by the Boston-based 1st U.S. Circuit Court of Appeals in January. The appellate court found that Mexico’s claims might fall within a narrow exception of the Protection of Lawful Commerce in Arms Act—a U.S. law that generally shields the firearms industry from lawsuits over the misuse of their products. The trial court had initially dismissed the case citing this law.

Mexico argues in its lawsuit, initiated in 2021, that the gun makers and a distributor engaged in business practices that aided and abetted the illegal trafficking of guns. The country asserts that these companies designed, marketed, and distributed military-style assault weapons in a manner that foreseeably enabled their acquisition by drug cartels. This, Mexico claims, has exacerbated violence, murder, kidnapping, and extortion within its borders, undermining national security and economic stability.

The gun companies, in their Supreme Court petition, contend that the 1st Circuit’s decision contradicts established U.S. legal precedents and should not have been allowed to proceed. They argue that the ongoing litigation exposes the U.S. firearms industry to years of expensive legal battles initiated by a foreign government attempting to impose gun-control measures that U.S. voters have consistently rejected.

Alejandro Celorio, legal adviser to Mexico’s foreign ministry, stated on social media platform X that Mexico will closely monitor the Supreme Court’s decision regarding the petition and prepare for potential arguments if the case is accepted.

The lawsuit highlights significant concerns about the impact of U.S. gun trafficking on Mexico, with the country citing that over 500,000 guns are trafficked annually from the U.S., and more than 68% of these are manufactured by the companies it has sued. Despite these claims, the gun manufacturers maintain that they have not engaged in any wrongdoing.

U.S. gun manufacturers on Thursday asked the U.S. Supreme Court hear their challenge to Mexico’s $10 billion lawsuit seeking to hold them responsible for facilitating the trafficking of firearms to violent drug cartels across the U.S.-Mexico border.
Eight companies including Smith & Wesson Brands (SWBI.O), opens new tab and Sturm, Ruger & Co (RGR.N), opens new tab in a petition, opens new tab argued that a lower court wrongly concluded the case qualified for an exception to a U.S. law that grants the firearms industry broad protection from lawsuits over the misuse of their products.
A trial court judge had dismissed the case citing that law, the Protection of Lawful Commerce in Arms Act. But Boston-based 1st U.S. Circuit Court of Appeals in January concluded Mexico’s claims fit within the narrow exception to the liability shield.
The 1st Circuit did so after finding that Mexico had plausibly alleged the business practices of the seven gun makers and one distributor it had sued aided and abetted the illegal trafficking of guns to Mexico.
The companies on Thursday told the 6-3 conservative majority U.S. Supreme Court that the 1st Circuit’s ruling defied the high court’s past precedents and should never have been allowed to move forward.
“Mexico’s suit has no business in an American court,” their lawyers wrote.
The companies argued that absent the U.S. Supreme Court’s intervention, the U.S. firearms industry would face years of costly litigation by a “foreign sovereign that is trying to bully the industry into adopting a host of gun-control measures that have been repeatedly rejected by American voters.”
Alejandro Celorio, legal adviser to Mexico’s foreign ministry, wrote on the social media platform X that the county would “follow up on this request and will be ready in case the Supreme Court decides to admit the matter for study.”
In its lawsuit filed in 2021, Mexico alleged that the companies undermined its strict gun laws by designing, marketing and distributing military-style assault weapons in ways they knew would arm drug cartels, fueling murders, extortions and kidnappings in the country.
Mexico says over 500,000 guns are trafficked annually from the U.S. into Mexico, of which more than 68% are made by the companies it sued.
Mexico said the smuggling has contributed to high rates of gun-related deaths, declining investment and economic activity and a need for it to spend more on law enforcement and public safety. The companies deny wrongdoing.

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