A US federal appeals court has ruled in favor of Mexico, allowing the country to proceed with its lawsuit against a group of US gun manufacturers and a distributor.
The court determined that Mexico’s claims, accusing the companies of contributing to rising gun violence by arming Mexican drug cartels, are “statutorily exempt” from a law that typically shields such manufacturers from liability.
Mexico initiated the lawsuit in August 2021, naming manufacturers like Smith & Wesson, Colt, and Glock, alleging that they “design, market, distribute, and sell guns in ways” that significantly contribute to increased gun violence in Mexico, despite stringent regulations.
The lawsuit faced dismissal by a US district court in September 2022, citing the Protection of Lawful Commerce in Arms Act (PLCAA), which typically protects gun manufacturers from liability.
However, the US Court of Appeals for the First Circuit disagreed with the lower court’s ruling. In a recent decision, a three-judge panel in Boston found that “Mexico’s complaint plausibly alleges a type of claim that is statutorily exempt from the PLCAA’s general prohibition.”
The government of Mexico welcomed the ruling in a Monday news release, stating that the case would return to a lower court where the country intends to present evidence demonstrating the defendants’ negligence and seek damages.
CNN sought comments from the defendants following the ruling. Glock, one of the defendants, previously stated that the company would “vigorously” defend itself but refrained from commenting on pending litigation.
The National Shooting Sports Foundation (NSSF), a firearms industry trade group, criticized the lawsuit, suggesting it was misplaced. Lawrence G. Keane, NSSF Senior Vice President, and General Counsel, commented that the Mexican government should focus on prosecuting drug cartels in its courtrooms rather than filing a “baseless lawsuit” in the US.
Mexico, asserting that its lawsuit is the first by a foreign government against members of the US gun industry, claims that the defendants are aware of their role in arming cartels but take no action to prevent it.
The lawsuit alleges that the weapons are designed and marketed to appeal to cartels, with the defendants maintaining a distribution system that facilitates illegal trafficking.
According to Mexico, homicides decreased in the country between 1999 and 2004, coinciding with a US ban on assault weapons. However, homicides subsequently rose alongside the production and distribution of the defendant’s products.
Mexico claims that between 342,000 and 597,000 weapons produced by the defendants are trafficked into the country annually, with 70% to 90% of weapons recovered from crime scenes allegedly trafficked from the United States.
When the original case was filed, Mexico’s then-foreign minister stated that the country would seek at least $10 billion in damages.
