Supreme Court to hear case on if US gun manufacturer, distributor can be held liable for cartel crime

The Supreme Court will hear a case to decide whether or not Mexico can sue American gun manufacturers and distributors for crimes committed by cartels with their firearms, according to court documents released Friday.

The case will rule on whether or not gun manufacturer Smith and Wesson (S&W) and firearms distributor Interstate Arms are protected from liability for crimes committed by cartels in Mexico with firearms they made or distributed due to the 2005 Protection of Lawful Commerce in Arms Act (PLCAA), which protects gun manufacturers from people bringing lawsuits against companies for crimes committed with their products, according to court filings. The lawsuit was initially dismissed in 2022, with Massachusetts District Judge F. Dennis Saylor saying Mexico lacked standing and that the PLCAA protects the defendants specifically against Mexico’s claims for legal liability for crimes committed with their products.

However, the First Circuit court overruled the 2022 decision, saying the PLCAA doesn’t extend to Mexico’s specific claims against S&W and Interstate Arms. The lawsuit was then dismissed again by Saylor in August, with S&W filing a petition for certiorari on April 18.

“In Mexico’s eyes, continuing these lawful practices amounts to aiding and abetting the cartels,” S&W said in the petition. “According to Mexico, American firearms companies are liable because they have refused to adopt policies to curtail the supply of firearms smuggled south — such as making only ‘sporting rifles,’ or cabining sales to those with a ‘legitimate need’ for a firearm.”

Mexico argued in the initial lawsuit that 342,000 to 597,000 guns made in part by S&W are trafficked across the border into Mexico annually, according to court filings. They also alleged that the 1994 Assault Weapons ban’s expiration in 2004 led to an increase in guns manufactured and trafficked to Mexico.

“The complaint alleges exactly how firearms are made by defendants, sold to wholesalers, then sold to retailers, then purchased by straw purchasers, then taken over the border by smugglers, then used for criminal acts by cartels in Mexico, resulting in harm to victims, ultimately imposing costs on the Mexican government,” S&W said in the petition. “The questions are simply whether those facts amount to aiding and abetting and satisfy proximate cause.”

S&W did not immediately respond to the Daily Caller News Foundation’s request for comment. Interstate Arms could not be reached for comment.

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