The Supreme Court on Tuesday appeared likely to rule against the Mexican government over a lawsuit seeking to hold U.S. gun makers accountable for an epidemic of violence that officials in Mexico say can be traced to their products (article available here).
During oral arguments, the court seemed skeptical of Mexico’s arguments that its claims could move forward despite a federal law intended to shield gun companies from liability.
In the 2021 lawsuit, the Mexican government accused Smith & Wesson, Colt and other companies of deliberately selling guns to dealers who sell products that are often later recovered at crime scenes in Mexico.
Seeking up to $10 billion in damages, the Mexican government accuses the companies of "aiding and abetting" violations of U.S. law, which means they are not protected by the federal immunity shield, called the Protection of Lawful Commerce in Arms Act (PLCCA).
Justices appeared unconvinced by allegations in the lawsuit that the companies design certain weapons that might appeal to cartel members, including a Colt handgun known as the Super El Jefe.
Mexico's legal team is focusing on a narrow exception to the liability shield, which allows a lawsuit to go forward if a company has "knowingly violated" a gun law and if that violation was a cause of the harm alleged in a lawsuit.
A federal judge had ruled for the manufacturers, but the U.S. Court of Appeals revived the case last year, saying the liability shield did not extend to Mexico’s specific claims.