Mexico is suing US gunmakers in a bid to stop weapons trafficking

An international battle over firearms is being renewed, as a U.S. federal appeals court ruled on Jan. 22 that Mexico can sue a group of American gun manufacturers. The $10 billion lawsuit claims that these manufacturers are contributing to an epidemic of cartel violence in Mexico by helping arm drug kingpins with American-made guns. 

The lawsuit was initially brought against the United States in August 2021. At the time, many described it as a long shot bid to tamp down the flow of guns, and it was dismissed by a U.S. district court the next year on a legal technicality. The Mexican government appealed, and Boston’s 1st Circuit Court of Appeals revived the lawsuit, claiming the suit was exempt from this technicality.

Now that the lawsuit has risen from the dead, how much of a case does Mexico have, and how far will the legal proceedings go? And if Mexico were to win the case, what would the ripple effects be on both sides of the border?

What are the facts of the case?

The lawsuit pits the Mexican government against six manufacturers of firearms in the U.S., including major brands such as Glock, Ruger and Smith & Wesson. Attorneys for Mexico argue that these companies “aided and abetted the knowingly unlawful downstream trafficking” of their products into Mexican territory and that the companies should be liable for crimes committed by Mexican gangs using those guns. 

The case was dismissed in 2022 due to a law known as the Protection of Lawful Commerce in Arms Act (PLCAA). This federal law prevents gun manufacturers and distributors from being held liable for the “misuse of their products by others.” It was ruled that, as a result of this law, Mexico had no legal standing to sue American gun companies. 

Mexico appealed, arguing that the law only shielded gun manufacturers from incidents that happen in the United States. The 1st Circuit Court agreed, writing that Mexico’s lawsuit is “statutorily exempt” from the PLCAA. An appeal from the gun manufacturers is expected.