The Supreme Court today unanimously rejected a landmark lawsuit filed by the Mexican government against American gun manufacturers, asserting that the case is barred under the Protection of Lawful Commerce in Arms Act (PLCAA). The decision, delivered Thursday, marks a significant victory for U.S. gun companies and a setback for Mexico’s efforts to hold them accountable for gun violence south of the border.
The 2021 lawsuit, brought by the Mexican government against seven U.S. gun manufacturers, alleged that their negligent business practices contributed to the trafficking of firearms to drug cartels in Mexico, fueling violence and instability.
Mexico sought billions of dollars in damages, arguing that the companies were aware their weapons were being illicitly diverted and failed to take adequate measures to prevent it.
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However, the Supreme Court’s opinion, authored by Justice Elena Kagan, found that Mexico’s complaint did not plausibly plead the conduct required to circumvent the protections offered by the PLCAA. This federal statute generally shields gun manufacturers and dealers from liability for harm caused by the criminal misuse of their products.
“As required by a federal statute, Mexico seeks to show (among other things) that the defendant companies participated in the unlawful sale or marketing of firearms,” Justice Kagan wrote in the court’s opinion. “More specifically, Mexico alleges that the companies aided and abetted unlawful sales routing guns to Mexican drug cartels. The question presented is whether Mexico’s complaint plausibly pleads that conduct. We conclude it does not.”
The PLCAA, enacted in 2005, provides broad immunity to the gun industry, with narrow exceptions, such as for cases involving negligent entrustment or knowingly unlawful sales. Mexico’s legal strategy hinged on arguing that the manufacturers knowingly facilitated the flow of guns to cartels, thereby falling within one of these exceptions.
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For Mexico, the ruling represents a significant blow to its novel legal approach.
The country has long grappled with the influx of American-made firearms, which are frequently used by organized crime groups. While Mexican officials have consistently called for greater U.S. efforts to curb gun trafficking, this lawsuit was an attempt to tackle the issue through civil litigation against the manufacturers themselves.
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