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13 Apr 2022

Mexican Government files lawsuits against gun manufacturers & dealers in US courts over alleged negligence & targeting sales at criminals

Wikimedia Commons

The Mexican Government filed two awsuits against six major US gunmakers and distributors, and five Arizona gun dealers to court in an attempt to stop the flow of US-made weapons across the border.

It filed one lawsuit in August 2021 (US federal court in Boston, Massachusetts) against gunmakers. It argues that over 500,000 guns are trafficked annually from the US into Mexico, of which more than 68% are made by the manufacturers it sues, which includes Smith & Wesson, Sturm, Ruger and Company (Ruger), Beretta USA, Barrett Firearms Manufacturing, Colt's Manufacturing Co and Glock Inc.

Mexico has accused the companies of negligence in their failure to control their distributors and of undermining its strict gun laws by designing, marketing and distributing military-style assault weapons in ways they knew would arm drug cartels, fueling murders, extortions and kidnappings. It has also claimed that the Mexican illegal market has been "their economic lifeblood".

The companies have argued that Mexico has not compellingly established its harms were attributable to them, and that the US Protection of Lawful Commerce in Arms Act (PLCAA) protects them from legal action over their products' misuse. Mexico's lawyers have argued that "the law only precludes lawsuits over injuries that occur in the US and would not shield the companies from allegations over the trafficking of guns to Mexican criminals."

On 30 September 2022, the US District Court for the District of Massachusetts dismissed the Mexican Government's complaint. On 26 October 2022, Mexico filed an appeal before the US Court of Appeals for the First Circuit in Boston opposing the dismissal, arguing that US law granting immunity to arms manufacturers and traders does not apply to damages caused in Mexican territory. The lawsuit is ongoing.

Several US states, as well as Antigua and Barbuda and Belize support the lawsuit and have filed separate briefs urging a federal judge in Boston not to dismiss the case.

In October 2022, the Mexican Government filed another lawsuit against five Arizona gun dealers before a federal Court in Tucson, Arizona. It argues that these retailers "routinely and systematically engage in the illicit trafficking of weapons" and break US law to enable the illicit trafficking of weapons to Mexico.

Furthermore, on 11 November 2022, Mexico requested an Advisory Opinion from the Inter-American Court of Human Rights regarding the arms trade and its impact on human rights.

In September 2023, the International Commission of Jurists and Due Process of Law Foundation submitted an opinion to the Inter-American Court of Human Rights on the issue. The Court is expected to issue its Advisory Opinion in 2024.

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