Mexico’s $10 Billion Lawsuit Against Gunmakers Revived by US Appeals Court
A US appeals court has ruled in favor of allowing the continuation of a $10 billion lawsuit brought by Mexico against US gun manufacturers, thereby reviving an extensive legal dispute.
Mexico’s government contends that the proliferation of illegal guns entering the country is a consequence of intentional business practices by US gunmakers.
The case, initially dismissed by a lower court in late 2022, prompted an appeal from the Mexican government.
The trade association representing the gun industry has refuted any allegations of wrongdoing.
The lawsuit implicates companies such as Smith & Wesson, Glock, Beretta, Barrett, Sturm, and Ruger.
Mexico: Alleged Prolific Smuggling of US Guns
Mexican authorities assert that a substantial number of US-manufactured guns are illicitly trafficked across the border each year, supplying drug cartels with significant arsenals for conflicts against each other and the Mexican government.
Some estimates suggest that the annual total exceeds half a million weapons.
In the previous year, over 30,000 individuals lost their lives to violence in Mexico, a country with highly restrictive gun laws.
Notably, Mexico hosts a solitary gun shop situated within a military complex in Mexico City.
The legal action, initially initiated in 2021 at a federal courthouse in Massachusetts, where several implicated companies are headquartered, contended that manufacturers were aware of guns being sold to traffickers contributing to violence in the country.
However, in 2022, a US federal judge dismissed the case citing the Protection of Lawful Commerce in Arms Act (PLCAA), a 2005 law.
The PLCAA shields gunmakers from liability for damages arising from the “criminal or unlawful misuse” of their products.
US Court Greenlights Mexican Lawsuit Against Gunmakers
On Monday, a US appeals court determined that the Mexican lawsuit “plausibly alleges a type of claim that is statutorily exempt” from the PLCAA, which specifically covers legal gun sales.
The ruling was swiftly hailed as a triumph by Mexican officials and gun control advocates in the US. Mexican Foreign Minister Alicia Bárcena termed it “great news” on X, formerly known as Twitter.
In a statement, Jon Lowy, the president of Global Action on Gun Violence and Mexico’s co-counsel in the case, emphasized that the ruling represents a “significant step forward in holding the gun industry accountable for its role in gun violence and in stemming the influx of trafficked guns to the cartels.”
