Is Mexico gearing up to undermine the Second Amendment through a new lawsuit targeting American gun manufacturers?
This might be the final straw in U.S.-Mexico relations.
At a Glance
- The Supreme Court will decide if Mexico can sue U.S. gun manufacturers for allegedly contributing to cartel violence
- Mexico seeks $10 billion in damages, claiming U.S.-made guns are fueling cartel violence
- The lawsuit targets major gunmakers including Smith & Wesson, Glock, Colt, and Beretta
- A district court initially dismissed the case based on the 2005 Protection of Lawful Commerce in Arms Act
- Liberal gun control groups like Everytown for Gun Safety and Giffords Law Center support Mexico’s position
Mexico’s Attempt to Blame American Gun Manufacturers
In a case that threatens American gun rights and manufacturing, the Supreme Court is set to hear arguments on March 4 regarding Mexico’s $10 billion lawsuit against U.S. gun manufacturers. The lawsuit, titled Smith & Wesson Brands v. Estados Unidos Mexicanos, represents a blatant attempt by a foreign government to influence American gun policy through litigation rather than legislation.
The Mexican government claims that U.S. gun manufacturers like Smith & Wesson, Glock, Colt, and Beretta are responsible for cartel violence south of the border. According to their lawsuit, over half a million American-made firearms reach Mexico annually, allegedly undermining Mexico’s strict gun control laws which have clearly failed to protect its citizens from cartel violence.
The rights of our gun owners and manufacturers is not subject to the legal whims of foreign governments. I'm glad to support @SenTedCruz and @repdarrellissa's bicameral amicus brief, affirming our commitment to American sovereignty and 2A liberties.https://t.co/k9Zl1IX5bg
— Senator Kevin Cramer (@SenKevinCramer) June 5, 2024
The case has drawn support from American gun control advocates, including Everytown for Gun Safety Support Fund and the Giffords Law Center, who see this as an opportunity to achieve through the courts what they cannot through Congress. These liberal groups have long sought to restrict Second Amendment rights and hold gun manufacturers liable for criminal misuse of their products.
“Mexico makes no secret that it abhors this country’s approach to firearms, and that it wants to use the American court system to impose domestic gun controls on the United States that the American people themselves would never accept through the ordinary political process,” the companies’ attorneys said.
A U.S. District Court initially dismissed the case under the Protection of Lawful Commerce in Arms Act (PLCAA), a 2005 law specifically designed to protect firearm manufacturers from being held liable when criminals misuse their products. However, the Biden-friendly 1st U.S. Circuit Court of Appeals reversed this decision, allowing the lawsuit to proceed on dubious legal grounds.
U.S. Sen. @tedcruz, R-Texas, led a bicameral appeal to the U.S. Supreme Court requesting it to uphold American sovereignty in a $10 billion lawsuit brought by Mexico blaming U.S. gun manufacturers for cartel gun violence in Mexico.
The bicameral appeal was made in concert with… pic.twitter.com/XnXLm3skbl
— The Daily Signal (@DailySignal) December 6, 2024
Gun manufacturers rightly argue that Mexico’s lawsuit is fundamentally flawed, as it involves independent criminal acts by traffickers beyond their control. The legal question centers on whether gun companies’ lawful production of firearms can be considered the “proximate cause” of violence committed by drug cartels – a dangerous precedent that could devastate the American firearms industry if affirmed.
Mexico disingenuously claims that 90% of guns used in crimes there are trafficked from specific U.S. gun dealers. However, this conveniently ignores Mexico’s endemic corruption, failed policies, and inability to control the powerful cartels that have essentially established parallel governments within its borders. Rather than addressing these fundamental issues, Mexico seeks to blame American manufacturers who operate legally within the United States.
The Supreme Court’s decision, expected by the end of June, will mark the first time the high court has ruled on a case involving the Protection of Lawful Commerce in Arms Act. Second Amendment supporters are watching closely, as a ruling against the gun manufacturers could open the floodgates to similar lawsuits designed to bankrupt the industry through litigation rather than legislation.
How can Mexico have the gall to pull a stunt like this while allowing huge numbers of criminals, murderers, and drug traffickers over our border?
