SCOTUS Takes On Mexico’s Anti-Gun Agenda

Mexico Flag Criminal Gun iStock-683332844
Mexico Flag Criminal Gun iStock-683332844

The Supreme Court of the United States has granted a writ of certiorari in Smith & Wesson Brands v. Estados Unidos Mexicanos. The Supreme Court will determine whether foreign countries can sue American firearms companies for violence that happens outside the United States’s borders.

Mexico sued Smith & Wesson, the firearms wholesaler Interstate Arms, and six other gun companies, accusing the American businesses of aiding in the illegal arms trafficking of guns to Mexican drug cartels by looking the other way. On procedural grounds, Barrett, Beretta, Century Arms, Colt, Glock, and Ruger were removed from the lawsuit. However, the case was allowed to continue against Smith & Wesson and Interstate Arms.

The lawsuit included nine counts. Mexico alleges that the companies are aiding and abetting the gun running to Mexican narco-terrorist groups. The plaintiffs claim that the companies are unlawfully designing and marketing their products to appeal to the Mexican drug cartels. They claim that the companies do this by associating their products with the military and the police. Mexico also claims that the companies are maintaining a distribution system with dealers who conspire with straw purchasers to traffick firearms across the southern border.

Cartel violence has killed many civilians, police, and government officials south of the border. Drug cartels control vast swaths of land across Mexico, leading to territorial wars between different cartel groups for control of the drug and human trafficking business. Many local police have been bought and paid for by the cartels. This forces Mexico to use military assets to fight back against these rogue narco-terrorist groups. Multiple politicians in Mexico ignore the narco-war violence due to bribery or fear of reprisals from criminal drug organizations.

Mexico is seeking monetary damages estimated to be billions of dollars from the gun companies and a court order requiring the American companies to take steps to “abate and remedy the public nuisance they have created in Mexico.” They claim the violence contributes to the decline of business investments in Mexico. They also blame the gun companies for the high cost of health care and military and law enforcement services within the country. The borderline failed narco-state is putting the blame for the violence at the feet of the firearms companies.

Gun companies argue that they are protected under the Protection of Lawful Commerce in Arms Act (PLCAA). The PLCAA shields firearms manufacturers and distributors from liability for the criminal misuse of their products. In 2022, U.S. District Judge Dennis Saylor threw out the case against the gun companies. The judge cited that the PLCAA was designed to protect American firearms companies from lawsuits like Mexico’s. Mexico appealed the ruling to the United States First Circuit Court of Appeals. The Circuit Court reversed the District Court’s ruling, stating that Mexico had a plausible claim that Smith & Wesson and Interstate Arms “aided and abetted the knowingly unlawful downstream trafficking of their guns into Mexico.” The court stated that PLCAA does not protect companies from gross negligence, such as knowingly causing harm to the government of Mexico.

The gun companies argue that the lawsuit is about forcing companies to adopt gun control. The Defendant’s attorneys argued that this suit’s purpose is to “bully the industry into adopting a host of gun-control measures that have been repeatedly rejected by American voters.” American anti-gun groups have been helping Mexico in their lawsuits. Many see this as another attack vector these groups use since their efforts within the United States have largely failed.

If the lawsuit succeeds, it would open the floodgates to similar lawsuits from other countries. This lawfare could drastically change the gun industry forever.


About John Crump

Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.

John Crump

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musicman44mag

This whole thing is bullshit but if the supreme court finds that Mexico can sue the USA then payment should be made and they can start by taking everything away from Obummer and Holder to get the money.

Last edited 1 month ago by musicman44mag
Wild Bill

The Estados Unidos Mexicanos should have sued the BATFE, since the BATFE is the group that ordered it.

gregs

not only ordered it, but facilitated it. mexico should sue the united states dept of justice since batfe is part of doj.

Finnky

@WB – Lawsuit was filed at behest of Giffords and other domestic anti-rights organizations. They’ve been failing dramatically with domestic suits – so asked Mexico to file this suit with organizations handling legal process and bills. Giffords loves BATFE and the governmental monopoly on violence which it represents. No way they would go after the actual gun runners here. Would not surprise me if BATFE is participating and supporting the suit in background. I believe DOJ filed amicus briefs in support of Mexico’s suit. Isn’t supporting and enforcing laws as written supposed to be DOJ’s job? Fighting to undermine US… Read more »

musicman44mag

Yes and the billions spent on Ukraine, Iran and the millions lost in Afghanistan as well as arming our and Israel’s opponents that are now crossing the border into America with our own arms ObiDUMB/Harris provided to them.

musicman44mag

I guess he couldn’t find anything on the fake news that didn’t support that it happened. Just be patient, he will find an article from some trash fake news station, just give him time to produce the fake article. LOL

musicman44mag

He doesn’t have to. His crowd fabricates for him and all the other lie pusher fake news stations. That’s why it is always so easy for him to so called prove it. Him and they are a scam. Too bad he is too blind to see the real truth and pointing it out to him is a waste of time. On the ham radio, we have trouble makers. If they start and you ignore them, they are gone in about 10 minuets. If you acknowledge them and complain or engage in conversation or comments with them, they go on and… Read more »

musicman44mag

could be is the understatement. It already is and that along with all the handouts they get is the problem. They take the handouts and work under the table and the left hires them.

musicman44mag
Terry

Hell, Russia should sue the US government for funding Ukraine arms killing Russian’s.

musicman44mag

Good one, that makes just as much sense. I like your logic.

musicman44mag

I am sitting here watching excerpts of a interview where she is lying her ass off. When asked why they removed Trumps laws on the boarder she said that it is a long standing problem and that needs solutions and they have been offering solutions. The policy that they have been providing have been about fixing the border problem not continuing it. Then he told her about how the numbers went up and was that an error? Duh, I am going to talk about something else now.

She is such a Marxist, liar, traitor and should be in prison.

Brian

Those Russians deserved it. Shouldn’t have invaded another country without cause. Unlike most folks on this forum, a lot of us understand and remember that both Russia and China are authoritarian dictatorships bent on bullying others, many of whom are our allies and partners. We haven’t been duped by Putin’s information confrontation shenanigans.

jack mac

Not only can the IRS loan out the new 87,000 armed collectors to other Offices of Oppression, but they can also freeze the accounts of everyone on that registry. Those citizens can have their utilities cut off until they comply or die. Tac on all the pretexts to subjugate citizens into the firearm-prohibited person underclass puts us in a liberty or death situation already.

musicman44mag

There are ways to live without their power but one must be prepared.

jack mac

music
The Feds have been collecting 4473s for over the last half-century. It is unlikely many people will be prepared. Those who cannot be forced to comply or die Feds will SWATdead. Government enforcers will want to remove guns and those with the audacity to use them.

Montana454Casull

Mexico can pound sand , we need to file suit on them for the invasion at our southern border and all the fentinol deaths in this country. Thst should shut them up for eternity.

3l120

Best idea I have heard in a long time.

musicman44mag

The mexican president says the only reason they bring the drugs over is because America wants them and that we are their best customer.
I think the answer is a demonstration of Uncle Joe’s tactical nukes on the drug compounds and the drug lord’s houses. That should fix it.

Terry

I want to know how much US goverment money is going to mexico to fund Mexico’s law suite against our companies.

Nick

The CIA runs Mexico and the cartels.

Wass

So, México seeks redress for its high murder rate through suing US firearms companies. Doesn’t the country have a total ban on civilian gun ownership-a gun controller’s dream? Let their police and military do what they’re supposed to do and leave us alone. Besides, the US isn’t the only country with an arms industry. There’s Mexico, Argentina and Brazil.

Nick

You’re looking for logic and reason and good faith from a government?

C’mon man… Uh I beat Corn Pop! Ice cream time!

nrringlee

Any claim of conspiracy is a long reach in our legal system. Where is the proof? A de facto argument is not enough. So where is the evidence? Well, these claims of ‘marketing’ to police and military agencies as a motive force behind mass shootings have been completely ‘debunked’ to use a leftist term. So Mexico must find some evidence. At the same time there is a mountain of evidence that the government of Mexico, federal and local is corrupt beyond redemption and that that corruption and collusion with drug cartels is the real problem. There is no need to… Read more »

Nick

Didn’t Jan 6th teach you anything? Lady Justice isn’t as blind as some would like us to think… She’s very selective…

Nick

The reason America always looks for war in every part of the world, except south of the border is because the CIA runs the drug cartels. The only time DEA takes down a drug lord is because he isn’t paying his cut to the CIA.

Every see the 1987 film ‘Extreme Prejudice’? This isn’t a new idea. Plus, there’s always Iran-Contra, and then the CIA drug operations back during the Vietnam war, and Air America flying around the drugs.

DDS

Air America was only the tip of the iceberg. https://en.wikipedia.org/wiki/Southern_Air_Transport Funny story: When my wife and I married, we briefly lived in her condo across a canal from the fuel tank farm of Miami International Airport (MIA). After my townhouse sold, we bought our first house and turned that condo into a rental. One particular day, the condo was “between tenants” and my wife and brother in law, a retired USAF intel captain who could read, write, and speak fluent Russian, were at the condo getting it cleaned up for the next tenant. The story of Southern Air Transport’s (SAT)… Read more »

Last edited 1 month ago by DDS
Nick

How’d ‘American Gangster’ (2007), the Denzel Washington movie, about Frank Lucas get his drugs? Off of Air Force planes from the caskets of dead GI’s…

NDevr2Persevere

IF these companies were engaged in nefarious crap that is alleged to have occurred and there is evidence that this was approved by the BOD or other governing body within the companies, then shame on them. Otherwise, Mexico can kiss our collective American asses. Mexico is killing enough Americans with their fentanyl and these DRUG DEALERS should be shot in the street like the dogs they are, and if caught smuggling fentanyl, they are kneed and then shot in the back of the head. Let that get out on social media and this crap would stop REAL FAST!!!!! Mexico would… Read more »

Nick

The CIA rules Mexico and their cartels…

jack mac

It is not the cartels that the Mexican government is trying to disarm. Both The government and the cartels want to keep the general population unarmed. That is the way our government depots wish the US to become.

Nick

And our government is run by the same three letter agency that runs the cartels and Mexico… The same three letter agency that blew Kennedy’s brains out and keeps trying to do the same to Trump.

JMacZ

MEXICO and its abhorrent citizens are the problem.
Why didn’t they sue Obamy and Holder for their Fast & Furious gun running stunt?

Last edited 1 month ago by JMacZ
Nick

Blaming the Mexican citizenry for this is like blaming the American citizenry for Biden…

JMacZ

Hey Nick,

There’s certainly a percentage of the American citizens who can be blamed for Biden: those that voted for Cadaver Joe. And Mexico is another example of a South American failed state that the US is in the process of becoming.

Nick

Obviously people voted for Biden. Trump won, but, people did vote for Biden. But, I find it difficult to blame to people who voted for Biden. Think of the history, we’ve had over a century worth of public education (government indoctrination camps), then the colleges after. All the while the media, both news and entertainment has become more and more controlled by the government. It’s just not as simple to blame people, when they’ve been brainwashed since they were born, as were their parents, grandparents and down the line, for voting for Biden. Further, Mexico’s never been a country in… Read more »