Judge dismisses Mexico’s $10 billion lawsuit against 6 out of 8 American gun makers
Mexico filed a lawsuit claiming that eight U.S. gun makers played a role in fueling crime in their country by trafficking firearms.
A Massachusetts District Court Judge has thrown out Mexico’s $10 billion lawsuit against six of the named American gun manufacturers. The country accused them of flooding south across the U.S.-Mexico border with firearms.
Initially filed in 2021, Mexico argued that the U.S. companies, all denying wrongdoing, were violating Massachusetts’s strict gun laws by knowingly selling weapons that could be smuggled across the border.
As a result, Mexico claimed that the defendants should be held accountable for a large portion of the country’s crime, much of which involved the use of U.S.-made guns. This led to decreased investment, economic activity, and increased law enforcement spending, according to Mexico.
The Mexican government stated that over 500,000 illegally trafficked guns are sent to Mexico from the U.S. each year, with more than 68 percent of them from the companies being sued.
As a result, he dismissed the lawsuit against Sturm Ruger & Company, Barrett Firearms Manufacturing, Glock, Colt’s Manufacturing Company, Century International Arms, and Beretta U.S.A. Corp. Two defendants, Smith & Wesson Brands and wholesaler Witmer Public Safety Group, are still involved in the case.
Smith & Wesson Brands and Witmer Public Safety Group have not responded to requests for comments as of publication time.
According to Saylor, the primary question for jurisdiction purposes is whether Mexico’s claims against the six companies arise from their business dealings in Massachusetts.
However, he noted that the link to Massachusetts in this case is tenuous because Mexico’s government is not based in Massachusetts, and none of the defendants have operations or a main office in the state.
Saylor also refuted the argument that some weapons sold in Massachusetts would likely end up illegally trafficked to Mexico.
Steve Shadowen, a lawyer representing Mexico, expressed disappointment with the decision and mentioned considering appealing or refiling the case elsewhere.
The ruling allows the lawsuit to proceed against the two remaining defendants. Lawrence Keane, general counsel of the National Shooting Sports Foundation, praised Saylor’s decision and hoped that the U.S. Supreme Court would dismiss the rest of the case.
After filing the case in 2021, six U.S. arms manufacturers sought to dismiss Mexico’s claims under the Protection of Lawful Commerce in Arms Act (PLCAA) from 2005. This law shields gun manufacturers from damages resulting from the criminal or unlawful use of a firearm.
In 2022, a federal judge dismissed the case based on these grounds. However, Mexico appealed the ruling, leading to the revival of the lawsuit by the U.S. First Circuit Court of Appeals in Massachusetts in January.
Reuters and The Associated Press contributed to this report.