Unanimous SCOTUS Laughs Mexico's Lawsuit Against U.S. Gunmakers Out of Court

AP Photo/Susan Walsh

We all know that Mexico has become an incredibly violent place, especially over the last decade, due to a rise in cartel activity and organized crime. So, what has the Mexican government done to combat this? Well, not much, but back in 2021, it decided it would sue several gun makers and distributors here in the United States for at least $10 billion.

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The lawsuit alleged that the gunmakers' business practices often led to a "deadly flood of military-style and other particularly lethal guns" across the border, and these companies are "fully on notice of the massive trafficking of their guns into Mexico" but haven't done anything about it.  

Mexico also claimed that its own domestic laws make it practically impossible for a Mexican citizen to obtain a gun. Sure.  

Most of the companies have since been dismissed from the lawsuit, but two, Interstate Arms and Smith & Wesson, remained. Until today. 

In a unanimous decision, the Supreme Court threw out the lawsuit, citing the Protection of Lawful Commerce in Arms Act (PLCAA), which became law in 2005. It essentially protects gun manufacturers and distributors from being held liable when customers use their products to commit crimes. 

The Supreme Court order states: 

Against the backdrop of that law, Mexico’s complaint does not plausibly allege that the defendant manufacturers aided and abetted gun dealers’ unlawful sales of firearms to Mexican traffickers. To begin, the complaint sets for itself a high bar. It does not pinpoint, as most aiding-and-abetting claims do, any specific criminal transactions that the defendants (allegedly) assisted. Instead, it levels a more general accusation: that all the manufacturers assist some number of unidentified rogue dealers in violation of various legal bars. The systemic nature of that charge cannot help but heighten Mexico’s burden. To survive, it must be backed by plausible allegations of pervasive, systemic, and culpable assistance. 

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It also says: 

Finally, Mexico’s allegations about design and marketing decisions add nothing of consequence. Mexico focuses on production of “military style” assault weapons, but these products are widely legal and purchased by ordinary consumers. Manufacturers cannot be charged with assisting criminal acts simply because Mexican cartel members also prefer these guns. The same applies to firearms with Spanish language names or graphics alluding to Mexican history—while they may be 'coveted by the cartels,' they also may appeal to 'millions of law-abiding Hispanic Americans.' Even the failure to make guns with non-defaceable serial numbers cannot show that manufacturers have 'joined both mind and hand' with lawbreakers in the manner required for aiding and abetting. 

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This is, indeed, a huge win for the Second Amendment and proof that Congress gets something right (PLCAA) every once in a while.  

Also, it's kind of funny how Mexico doesn't want something potentially dangerous that breaks its laws crossing over its border from the U.S., right? Where have I heard that one before? 

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