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Supreme Court rules in favor of US gun manufacturers and rejects Mexico's lawsuit

Judge Elena Kagan explained that Mexico's allegations do not meet the requirements of the exception provided by the Protection of Lawful Commerce in Arms Act.

Ammunition casings used at the National Rifle Association (File)

Ammunition casings used at the National Rifle Association (File)Jeremy Hogan / SOPA Images/Sipa / Cordon Press

Agustina Blanco
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In a unanimous decision, the U.S. Supreme Court ruled Thursday in favor of seven U.S. gun manufacturers sued by the Mexican government, which accused them of facilitating and abetting illegal arms sales to Mexican cartels.

The case, known as Smith & Wesson Brands v. United Mexican States, determined that the Protection of Lawful Commerce in Arms Act (PLCAA) protects gun manufacturers from this type of lawsuit, with no exceptions allowing the Mexican government to present its case.

Judge Elena Kagan, who wrote the court's opinion, explained that Mexico's allegations do not meet the requirements of the exception provided in the PLCAA.

In that sense, according to Kagan, for a lawsuit against arms manufacturers to prosper under this law, it must be shown that the companies "directly caused" the alleged harm. "Mexico’s complaint, for the reasons given, does not plausibly allege such aiding and abetting," Kagan said, stressing that the PLCAA prohibits lawsuits based on a company's criminal use of its products by third parties.

In that regard, the judge noted, "So this suit remains subject to PLCAA’s general bar: An action cannot be brought against a manufacturer if, like Mexico’s, it is founded on a third party’s criminal use of the company’s product."

The ruling emphasized that the "proximate cause" test exempts manufacturers from liability when the gun distribution process involves multiple actors, such as wholesalers, distributors, rogue retailers, phantom purchasers and smugglers, before the guns reach the Mexican cartels.

This reasoning closed the door on Mexico's lawsuit, which sought to hold manufacturers liable for the harm caused by cartel violence.

On Mexico's lawsuit

Mexico filed the lawsuit in 2021, seeking compensation of $10 billion against major U.S. gun manufacturers, which it accused of business practices that encourage cartel violence.

The country, which maintains strict regulations on gun sales, argued that military-style weapons from the United States fuel the drug violence crisis in its territory.

During the trial, Mexican lawyers defended their right to file a civil suit in U.S. courts.

For their part, U.S. arms manufacturers argued that their business practices are legal and that they have no knowledge or control over the illicit trafficking of their products into Mexico.

Tension between the U.S. and Mexico

The case comes at a time of tensions between Mexico and the United States. The Trump Administration has urged Mexico to tighten control of its border to stem the flow of drugs (especially fentanyl) and migrants northward, while Mexico has demanded measures from the United States to stop southbound gun trafficking, which it considers a key factor in cartel violence.

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