Supreme Court revives Mexican lawsuit against gun makers
A federal appeals panel in Boston ruled Monday that a $10 billion lawsuit brought by Mexico against U.S. gun makers whose weapons are used by drug cartels can proceed, reversing a lower court that dismissed the case.
The decision, which is likely to be appealed, is one of the biggest setbacks for gun manufacturers since the passage of a federal law nearly two decades ago that provides immunity from lawsuits brought by the families of people killed and injured by their weapons.
In an effort to challenge the scope of that law, Mexico sued six manufacturers in 2021, including Smith & Wesson, Glock and Ruger. It said the companies should be held liable for trafficking half a million guns a year across the border, some of which were used in murders.
In September 2022, a Federal District Court judge dismissed the lawsuit, ruling that the law prohibits legal action by foreign governments.
But Judge William J. Kayatta Jr., an Obama appointee who sits on the U.S. Court of Appeals for the First Circuit, unanimously revived the lawsuit. The ruling said the plaintiffs had made a “plausible” argument that their case was “legally exempt” from the immunity shield.
In their appeal, attorneys for Mexico, assisted by U.S. gun control groups, alleged that the companies aided and abetted “the knowingly unlawful downstream trade” of their weapons to Mexico.
Gun violence is widespread in Mexico, despite the near-universal ban on firearm ownership.
About 70 to 90 percent of the guns trafficked in Mexico come from the United States, according to Everytown Law, the legal arm of the gun control group founded by former New York Mayor Michael R. Bloomberg.
Gun control advocates applauded the decision Monday by a three-judge panel, which described it as a milestone in holding the gun industry accountable.
“Not only did the court recognize another country's right to sue U.S. arms companies; it also broke the unfair legal shield that gun manufacturers have hidden behind,” said Jonathan Lowy, a Maryland attorney serving as co-counsel to Mexico on the case and founder of Global Action on Gun Violence.
Those who support the gun industry criticized the ruling.
“We respectfully and proudly disagree with today's decision and are reviewing our legal options,” said Larry Keane, a top official at the National Shooting Sports Foundation, the gun industry's main trade association.
“The Mexican government should spend its time enforcing its own laws and bringing Mexican criminals to justice and Mexican courtrooms, instead of scapegoating the firearms industry for their inability and unwillingness to bring Mexican citizens against the cartels.” protect,” he said.