The National Shooting Sports Foundation (NSSF) praised the U.S. Supreme Court for agreeing to review Mexico’s $10 billion lawsuit against American firearm manufacturers. Mexico claims these companies are responsible for violence fueled by drug cartels.
The lawsuit, Estados Unidos Mexicanos v. Smith & Wesson Brands, Inc., seeks to hold U.S. gunmakers accountable for the criminal actions of narco-terrorists in Mexico and attempts to dictate how firearms are made and sold in the U.S.
NSSF, the firearm industry’s trade association, has strongly opposed Mexico’s lawsuit. Lawrence G. Keane, NSSF’s Senior Vice President and General Counsel, welcomed the Supreme Court’s decision.
“Today’s announcement by the U.S. Supreme Court that they are granting Smith & Wesson’s petition to hear Mexico’s frivolous $10 billion lawsuit against lawful American firearm manufacturers is welcomed news to the entire firearm industry,” he said.
“Mexico’s lawsuit seeks to blame lawful American firearm businesses for violence in Mexico perpetrated by Mexican narco-terrorist drug cartels and impacting innocent Mexican lives,” he continued. “It is not the fault of American firearm businesses that follow strict laws and regulations to lawfully manufacture and sell legal products,”
Earlier this year, NSSF filed an amicus brief urging the Supreme Court to take up the case, arguing that the U.S. Court of Appeals for the First Circuit made a mistake by allowing the lawsuit to move forward.
The case had originally been dismissed by a federal judge in Massachusetts, citing the Protection of Lawful Commerce in Arms Act (PLCAA), a law designed to protect gunmakers from liability for crimes committed with their products.
However, the First Circuit reinstated the lawsuit, claiming that Mexico’s allegations fit within an exception to the PLCAA.
The core of Mexico’s argument is that U.S. gun manufacturers knowingly contribute to illegal firearms trafficking into Mexico by not adopting stricter controls than those required by U.S. law.
Smith & Wesson, along with other defendants, argued that there’s no evidence to back Mexico’s claims, and the First Circuit’s decision to revive the lawsuit was flawed.
NSSF remains hopeful that the Supreme Court will side with American firearm manufacturers and reaffirm that they are not liable for the actions of criminals in Mexico.
The court is expected to hear arguments early next year, and the outcome could have far-reaching implications for the firearm industry and Second Amendment rights in the U.S.
Keane underscored the importance of the case.
“This case represents exactly why Congress passed, and President George W. Bush enacted, the bipartisan Protection of Lawful Commerce in Arms Act (PLCAA),” Keane said.
He stressed that lawful firearm manufacturers adhere to American laws and that the responsibility for addressing criminal violence should rest with the Mexican government.
“The Mexican government should instead focus on bringing Mexican criminals to justice in Mexican courtrooms,” he concluded.
The firearm industry will be watching closely as the Supreme Court sets its schedule and prepares to hear arguments.
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