The US Supreme Court is likely to block a $10 billion lawsuit filed by Mexico against American gun makers.
During arguments on Tuesday, justices from both sides of the political spectrum raised serious doubts about holding firearm companies responsible for cartel violence in Mexico.
Mexico vs. US Gun Makers
Mexico is suing major gun manufacturers, including:
- Smith & Wesson
- Glock
- Beretta
- Colt
The country claims these companies, which employ 150,000 people in the US, knowingly supply firearms that end up in the hands of cartels.
Mexico argues US federal law, which generally protects gun companies from lawsuits, does not apply when manufacturers “aid and abet” illegal gun trafficking.
Key Facts About the Case
- Mexico is seeking $10 billion in damages.
- The lawsuit also calls for new safety rules on gun marketing and distribution.
- Mexico alleges the gun makers know their products are trafficked into Mexico.
- More than 200,000 guns cross the border into Mexico each year, according to one estimate.
US Law Protects Gun Companies
The Protection of Lawful Commerce in Arms Act (PLCAA) shields gun makers from most lawsuits. Congress passed the law to prevent firearm companies from facing crippling legal costs.
Mexico argues the law allows exceptions when companies assist in illegal sales. The manufacturers strongly deny any wrongdoing.
How Did the Justices Respond?
The justices appeared skeptical of Mexico’s claims, questioning both the legal basis and the broader consequences for US. businesses.
Justice Sonia Sotomayor
She noted knowing about illegal activity is not the same as actively participating.
She said:
“We have repeatedly said mere knowledge is not enough.
“You have to aid and abet in some way.”
Justice Elena Kagan
She criticized the lawsuit for lacking clear evidence.
She said:
“There are lots of [gun] dealers.
“And you’re just saying [the gunmakers] know that some of them [engage in trafficking]. But which some of them?”
Chief Justice John Roberts
Roberts the claim that companies market directly to criminals.
He said:
“Some people want the experience of shooting a particular type of gun because they find it more enjoyable than using a BB gun.
“What exactly is the manufacturer supposed to do?”
Justice Brett Kavanaugh
Kavanaugh warned of a slippery slope.
He asked whether a ruling in Mexico’s favor could allow lawsuits against companies selling other legal products, like:
- Pharmaceuticals
- Cars
- Everyday tools
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Mexico’s Argument
Cate Stetson, arguing for Mexico, said the gun makers were not innocent sellers.
She accused them of:
- Designing guns popular with cartels
- Marketing weapons directly to traffickers
- Ignoring clear signs of illegal sales
She said:
“If you have a product manufacturer of a dangerous product that is alleged to have done all of the things knowing who they’re selling to and what is being done with that product, then and only then … that product manufacturer has a problem.”
How US Guns Fuel Violence in Mexico
Gun violence is a major issue in Mexico, with more than 160,000 firearm-related deaths between 2015 and 2022.
Many of those guns came from the US, according to reports:
- 40% of illegal guns seized in Mexico came from Texas.
- In 2023, US officials seized over 2,600 guns being smuggled into Mexico — a 65% increase from 2022.
- They also captured 115,000 rounds of ammunition, up 19% from the previous year.
Lower Courts Split on the Case
In 2022, a US district court dismissed a similiar lawsuit, citing the immunity law. But in early 2024, the 1st US Circuit Court of Appeals revived the case.
The appeals court ruled Mexico made a plausible argument under the law’s “aiding and abetting” exception.
Decision Expected by June
The Supreme Court will issue its ruling by the end of June. If the court blocks the case, it could close the door on similar lawsuits against US gun makers.
If the Mexican Government is allowed to proceed, the decision could reshape the legal risks facing the firearms industry.
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What This Case Could Mean for the Future
This case isn’t just about Mexico and gun manufacturers. It could set a precedent for how much responsibility companies bear for illegal use of their products.
A ruling against the gun makers could open the door for lawsuits against other industries — from car manufacturers to pharmaceutical companies — if their products are misused.
As the court weighs its decision, businesses across the country will be watching closely.
