The United States Supreme Court ruled on Thursday in favor of seven American gun manufacturers in a lawsuit brought by the Mexican government accusing them of aiding and abetting Mexican cartels.
In its holding, the Supreme Court concluded that Mexico’s complaint failed to show that the seven gun manufacturers had participated in unlawful firearm sales to Mexican drug traffickers, and that the Protection of Lawful Commerce in Arms Act (PLCAA)—a federal statute restricting lawsuits against gun sellers and manufacturers—barred the suit. The Court reasoned that Mexico had made a general accusation against the manufacturers, but failed to cite to any “specific wrongful acts” that the manufacturers allegedly participated in to “promote” the trafficking of weapons to Mexican cartels. Justice Elena Kagan also noted that while the cartels may “covet” firearms, “millions of law-abiding Hispanic Americans” also seek them. Justice Kagan also dismissed Mexico’s characterization of certain firearms as “assault weapons,” noting that AR-15 and AK-47 rifles are “both widely legal and bought by many ordinary consumers.”
Concurring with the majority opinion, Justice Clarence Thomas and Justice Ketanji Jackson noted that courts should take care to examine whether earlier findings of guilt or liability had occurred. In addition, the concurring opinion stated that the PLCAA requires manufacturers to “knowingly” violate state or federal statutes concerning the sale or marketing of their products before they are considered afoul of the law.
In August 2021, the Mexican government filed the complaint against eight US firearms manufacturers, alleging that the manufacturers did not exercise reasonable care to prevent the trafficking of their guns into Mexico. In their view, US gun manufacturers were responsible for any harms that resulted from the weapons’ misuse. Asserting that the manufacturers supplied firearms to retailers who then illegally sold the weapons to Mexican traffickers, the Mexican government argued that the manufacturers failed to implement safety checks within their distribution networks, and that they designed and marketed their products in a way that “stimulate[d] cartel members’ demand” for the weapons. Unpersuaded by Mexico’s argument, the Massachusetts Federal District Court dismissed the lawsuit in September 2022. Mexico then appealed the decision in the United States Court of Appeals for the First Circuit. Finding in favor of Mexico, the appellate court reversed the decision, deciding that Mexico had sufficiently shown that the manufacturers aided and abetted gun dealers’ unlawful sales to Mexican traffickers.
The Supreme Court has remanded the case for further proceedings consistent with its Thursday opinion.
