Mexico Fends Off Bid to Dismiss Case Alleging Illegal Sale of Firearms by Group of US Gun Makers

A group of gun manufacturers' and one gun distributor's bid to toss a case filed by the Mexican government alleging that the defendants carry out illegal selling practices that facilitate the trafficking of weapons into Mexico falls flat, the Mexican government argued in a Jan. 31 reply brief. Filing its reply at the U.S. District Court for the District of Massachusetts, the Mexican government said that the manufacturers and distributor improperly seek legal shelter under the Protection of Lawful Commerce in Arms Act, since the protection from lawsuit entailed in this act only applies to harm caused in the U.S. and not in Mexico, as the Mexican government alleges (Estados Unidos Mexicanos v. Smith & Wesson Brands, et al., D.C. Mass. #21-11269).

In August 2021, the Mexican government launched its lawsuit against 10 gun manufacturers for their role in the spread of firearms in its nation (see 2108050037). Mexico decried the actions of the manufacturers who allegedly sell weapons in ways that "routinely arm the drug cartels in Mexico" through illegal sales practices. The defendants then moved to dismiss the case, arguing that Mexico does not have standing to sue the manufacturers and distributor (see 2111230047). The government called the suit a "clash of national values" and said that the case represents a threat to the U.S.'s constitutional freedoms.

Far from being a clash of national values, the suit actually reflects the "coordination of, and mutual respect for, each sovereign’s rights, values, and responsibilities within its own jurisdiction," the Mexican government said in its response. Further, the Mexican government's claims are not barred by the PLCAA, the brief said. While the PLCAA does stop certain lawsuits born from damages resulting from harm caused by the criminal misuse or sale of guns, this protection is only extended to injury in the U.S. and conviction under U.S. law. The protections don't apply to harm in Mexico or violation of Mexican law, the brief said.

Even if the PLCAA did provide protection from such claims, it wouldn't support dismissing Mexico's case since these protections do not apply where the defendants knowingly violated U.S. federal and state laws over the sale of guns -- precisely what Mexico is alleging. "It alleges that Defendants foresee -- indeed, they know and intend -- that hundreds of thousands of their guns annually are trafficked into Mexico; they could stem the unlawful tide of crime guns into Mexico but instead choose to facilitate it; and the result is systematic, repeated, and massive injuries to the Government, including the murder of its citizens, employees, judges, polices, and soldiers," the brief said.