Mexico Sues US Gun Makers in Mass. District Court Over Firearms Trafficking

The Mexican government launched a lawsuit on Aug. 4 in the U.S. District Court for the District of Massachusetts against 10 gun manufacturers for their role in the spread of firearms in their nation. In a fiery complaint, Mexico decried the actions of the manufacturers who "design, market, distribute, and sell guns in ways they know routinely arm the drug cartels in Mexico." Through the use of corrupt gun dealers and illegal sales practices, these gun makers traffick weapons across the U.S.-Mexico border and cause countless death, destruction and economic harm, Mexico said.

To illustrate the depth of the action they are challenging, the Mexican government highlighted a series of statistics and business practices by the gun makers. For instance, 70% to 90% of all guns used at crime scenes in Mexico were trafficked from the U.S., the Mexican government said. Also, the complaint pointed to Colt's special edition .38 Super pistol with an engraving of Mexican revolutionary Emiliano Zapata on one side of the barrel -- one of which assassinated investigative journalist Miroslava Velducea -- as evidence of specific targeting of the Mexican market.

The 10 companies named in the lawsuit include Smith & Wesson Brands, Barrett Firearms Manufacturing, Beretta U.S.A. Corp., Beretta Holding S.P.A., Century International Arms, Colt's Manufacturing Company, Glock, Glock Ges.M.B.H., Sturm, Ruger & Co. and Witmer Public Safety Group doing business as Interstate Arms. The suit was filed in the Massachusetts district court due to the companies' headquarters being located in the East Coast state.

The National Shooting Sports Foundation characterized the lawsuit as "baseless," in a response, assuring that all firearms sold in the U.S. are done so in accordance with federal and state laws. "The Mexican government is responsible for the rampant crime and corruption within their own borders,” said Lawrence Keane, NSSF senior vice president. “Mexico’s criminal activity is a direct result of the illicit drug trade, human trafficking and organized crime cartels that plague Mexico’s citizens. It is these cartels that criminally misuse firearms illegally imported into Mexico or stolen from the Mexican military and law enforcement. Rather than seeking to scapegoat law-abiding American businesses, Mexican authorities must focus their efforts on bringing the cartels to justice."

The complaint also pointed to a lack of distribution monitoring systems from U.S. gun manufacturers as contributing to the trafficking problem and firearms proliferation problem in Mexico. Mexico cited a host of reports from the United Nations and others that found that the source of many Mexican guns is the U.S. "Despite this abundant notice, Defendants have not implemented any public-safety-related monitoring or disciplining controls on their distribution systems -- none at all," the complaint said.

The 139-page complaint launched many attacks on the conduct of the gun makers, ranging from the ways they facilitate gun trafficking to the intentional creation of a distribution system to aid the sales to the Mexican criminal market. Of the alleged insidious trafficking schemes, the Mexican government accused the manufacturers of straw purchasing, multiple and repeat sales, kitchen-table sales, "missing" guns, gun shows and marketing as "military-style assault weapons." A straw purchase, for instance, is the sale of a gun to someone who is barred by law from owning one.

"Straw purchasing is the most common method of trafficking guns into Mexico. Illegal diversion through straw purchasing has been common knowledge in the industry, and known by Defendants, for many years," the complaint said. "It has been the subject of many ATF reports and newsletters and congressional hearings."

The demands for judgment in the complaint were fairly vague, with the Mexican government requesting an injunction on the manufacturers to "take all necessary action to abate the current and future harm that their conduct is causing and would otherwise cause in the future in Mexico." Mexico also did not specify any monetary award to be doled out in this case.

A Glock spokesperson on Aug. 5 said the company will "vigorously defend this baseless lawsuit," and a Witmer Public Safety Group spokesperson declined to comment. The other companies named in the suit didn't immediately respond to requests for comment.