Senator Cruz Requests Supreme Court Review of Mexico’s Lawsuit Against US Gun Manufacturers

May 28, 2024 TruthUSA

A federal judge initially dismissed the suit, citing federal law as a reason. However, an appeals court has now revived the case.

Sen. Ted Cruz (R-Texas) and 26 other federal lawmakers are urging the U.S. Supreme Court to review Mexico’s lawsuit against U.S. gun makers for allegedly flooding their country with firearms.

Among the legislators joining Cruz are Sen. Lindsey Graham (R-S.C.), Rick Scott (R-Fla.), and John Thune (R-S.D.), as well as Reps. Darrell Issa (R-Calif.), Clay Higgins (R-La.), and Anna Paulina Luna (R-Fla.).

The friend-of-the-court brief, filed on May 22, requests the U.S. Supreme Court to revisit a federal appeals court’s ruling from January that reinstated Mexico’s unconventional lawsuit, previously dismissed in a federal district court.

Gun rights advocates argue that Mexico’s legal action is using U.S. laws to weaken the firearms industry and erode Second Amendment protections for Americans.

The lawmakers’ brief states, “Mexico’s lawsuit is an affront to the sovereignty of the United States of America,” adding that it tries to impose its legal views on the American people.

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The petition for certiorari, or review, in the case known as Smith & Wesson Brands Inc. v. Estados Unidos Mexicanos was logged on April 18. The petitioners, along with Smith & Wesson, include Barrett Firearms Manufacturing Inc.; Beretta U.S.A. Corp.; Glock Inc.; Sturm, Ruger & Company Inc.; Witmer Public Safety Group Inc., also known as Interstate Arms; Century International Arms Inc.; and Colt’s Manufacturing Company LLC.

On September 30, 2022, U.S. District Judge F. Dennis Saylor IV in Massachusetts dismissed a $10 billion lawsuit by Mexico against gun manufacturers, including Smith & Wesson. The suit claimed that U.S. companies were undermining Mexico’s gun laws by producing “military-style assault weapons” for drug cartels and criminals. Judge Saylor, appointed by President George W. Bush in 2004, ruled that the Protection of Lawful Commerce in Arms Act (PLCAA) of 2005 barred such lawsuits holding gun manufacturers accountable for individuals’ gun use.

However, in January of this year, a three-judge panel of the U.S. Court of Appeals for the 1st Circuit overturned the dismissal, sending the case back to the district court for further proceedings.

Circuit Judge William Kayatta wrote that while the PLCAA generally limits lawsuits by foreign governments in U.S. courts for harm occurring outside the U.S., Mexico made a plausible claim that qualifies for a statutory exemption, related to “knowing violations of statutes regulating the sale or marketing of firearms.” This is the allegation Mexico has put forth against the firearms companies.

Judge Kayatta, appointed by President Barack Obama in 2013, pointed out the U.S. firearms industry’s role in Mexico’s gun violence issues. Despite stringent Mexican gun laws, the country has experienced an increase in gun-related deaths, with a significant number of guns originating from the U.S. after the 2004 assault weapon ban lift.

Mexico alleges that a large number of crime scene guns in Mexico came from the U.S., leading to illegal gun trafficking, with an estimated 70 to 90 percent of these guns originating from the U.S.

Mexico claims that the firearms companies are aware of this trafficking and knowingly produce firearms tailored to cater to the demands of Mexican drug cartels.

In the amicus brief by Cruz and other lawmakers, they argue against Mexico’s overreach, emphasizing that U.S. laws regarding firearm manufacturers should apply equally to foreign sovereign plaintiffs, not giving them preferential treatment.

The Epoch Times has tried to reach out to Mexico’s attorney for comment but has not received a response yet.

It’s uncertain when the Supreme Court will consider the petition.

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