Supreme Court sides with gunmakers in Mexican lawsuit against manufacturers

The US Supreme Court on Tuesday analyzed a lawsuit filed by the Mexican government against gun makers such as Smith & Wesson, alleging their products fuel cartel violence.

The case puts to the test the Protection of Lawful Commerce in Arms Act (PLCAA), which since 2005 has granted broad immunity to these companies. Mexico argues that an exception in the law applies, as the companies would have knowingly violated regulations by failing to prevent their weapons from getting into criminal hands.

Incisive questioning from the bench

During the oral arguments, judges of different ideological stances expressed their positions. For his part, conservative Judge Clarence Thomas asked how this lawsuit differs from those that motivated the PLCAA, while Ketanji Brown Jackson raised whether allowing it would mean regulating the industry from the courts, something the law seeks to avoid.

For their part, Amy Coney Barrett and Elena Kagan pointed to the lack of specific singling out of distributors responsible for illegal sales, a weak point in the Mexican argument.

Coney Barrett noted "You haven’t sued any of the retailers that were the most proximate cause of the harm," while Kagan, also pointed in that same direction by noting, "What you don’t have is particular dealers, right?” And he continued, "It’s a pretty — there’s a lot of dealers, and you’re just saying some of them do. But which some of them? I mean, who are they aiding and abetting in this complaint?”  

A causal chain under scrutiny

Mexico argues that the companies are liable because intermediate distributors make illegal sales that end up in its territory, but does not allege direct knowledge of specific transactions.

However, Noel Francisco, a lawyer for the arms companies, called this connection an "eight-step causal chain" with no legal precedent. For her part, Catherine Stetson, representing Mexico, argued that rejecting the lawsuit would rewrite both the PLCAA and the causation rules.

Divided support and a decision on the horizon

The case has generated a clear split: the National Rifle Association and 27 Republican attorneys general back the companies, while 16 Democratic prosecutors and gun control groups support Mexico.

With only two companies remaining in the original 2021 lawsuit, the ruling in Smith & Wesson Brands v. Estados Unidos Mexicanos expected in the summer of 2025 could set a key precedent on the gun industry's responsibility for cross-border violence.