Supreme Court to Rule on Mexican Government's Lawsuit Against U.S. Gun Manufacturers Over Cartel Violence

ICARO Media Group
Politics
04/10/2024 18h24

**Supreme Court to Decide If Mexico Can Sue U.S. Gun Manufacturers Over Cartel Violence**

The U.S. Supreme Court has agreed to deliberate on whether the Mexican government can hold American gun manufacturers accountable for allegedly contributing to drug cartel violence within its borders. The justices revealed on Friday that they will review a challenge from the gunmakers against an appellate court’s decision, which currently allows the unprecedented $10 billion lawsuit to advance in a Boston federal court.

Originally, a district court judge dismissed the case two years ago, referencing a 2005 congressional law designed to protect gun manufacturers from the increasing number of lawsuits seeking to make them liable for firearm-related violence and deaths. However, the 1st Circuit Court of Appeals in Boston ruled in January that the lawsuit could proceed. The appellate court stated that the Protection of Lawful Commerce in Arms Act aimed only to limit lawsuits in the domestic market and acknowledged Mexico's claims that the companies' actions constituted "aiding and abetting" gun smuggling.

In the lawsuit, Mexico argues that over 500,000 firearms produced annually in the U.S. end up in their country, often arming drug trafficking cartels and undermining Mexico's stringent gun laws. The case targets major American gun manufacturers, including Smith & Wesson, Glock, Colt, and Beretta, alleging that their distribution, sales, and marketing practices encourage illegal sales to "straw" buyers who subsequently bring the firearms into Mexico or pass them to others who do.

The gunmakers have petitioned the Supreme Court to consider the case, asserting that it serves as a covert attempt to implement gun regulations that Congress has not enacted or has permitted to expire, such as the assault weapons ban that lapsed in 2004. The companies' attorneys criticized Mexico's stance, arguing it attempts to use American courts to impose gun controls that U.S. citizens would not accept through the political process.

Additionally, the manufacturers contend that the lawsuit is flawed because those trafficking the weapons into Mexico are committing "multiple independent criminal acts" that do not involve the gun companies.

The gun-related lawsuit is part of a broader list of cases the Supreme Court announced it would address in its upcoming term, beginning Monday. Other included cases involve a dispute over permits for nuclear waste storage in west Texas, a criminal false statements case linked to the nephew of former Chicago Mayor Richard J. Daley, and a legal battle concerning the FDA's authority to regulate vaping. These newly added cases are expected to be scheduled for arguments early next year.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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