In a landmark decision, a federal appeals court has ruled that the Mexican government can proceed with its $10 billion lawsuit against American gun manufacturers whose weapons were trafficked and used by drug cartels. This decision reverses a 2022 federal court dismissal of the case on the grounds that the companies are immune from civil liability in the US under the Protection of Lawful Commerce in Arms Act (PLCAA).
The Mexican government’s complaint targets top US gun manufacturers, including Glock, Smith and Wesson, Ruger, Barrett, and others, and argues that these companies should be held liable for their guns being trafficked in large numbers across the southern border. The case alleges that these companies have aided and abetted the illegal downstream trafficking of their guns into Mexico.
In a unanimous majority opinion, First Circuit Judge William J. Kayatta stated that the Mexican government “plausibly alleges” that its claim is “statutorily exempt” from the immunity provided by the PLCAA. The ruling further concludes that the complaint “adequately alleges” that the gun makers “aided and abetted the knowingly unlawful downstream trafficking of their guns into Mexico.”
US gun control groups, including the US-based Global Action on Gun Violence (GAGV), have backed the Mexican government’s lawsuit. GAGV President and co-counsel in the case Jonathan Lowy called this ruling a “huge step forward in holding the gun industry accountable for its contribution to gun violence, and in stopping the flood of trafficked guns to the cartels.”
Lowy noted that the decision recognized the right of another country to sue US gun companies and pierced the unfair legal shield that gun companies have been hiding behind since 2005. The ruling also undermines the argument that the PLCAA provides complete immunity from civil suits.
The Mexican government has long sought compensation from US manufacturers over the guns that are smuggled across the border and used by drug cartels. Mexico has made little progress curbing this gun trafficking, and more than 34,000 people were killed in Mexico in 2019 alone, largely due to gun violence.