Supreme Court Asked to Rule Against Mexico in Lawsuit Targeting Guns

WASHINGTON, D.C. – Today, Firearms Policy Coalition (FPC) announced the filing of an important merits-stage brief with the United States Supreme Court in Smith & Wesson Brands, Inc., et al. v. Estados Unidos Mexicanos, which seeks to stop Mexico’s attempts to impose its gun control preferences on Americans through frivolous litigation. The brief can be viewed at FPCLegal.org.

What is the case Smith & Wesson Brands, Inc., et al. v. Estados Unidos Mexicanos about?

This case involves a groundbreaking legal battle initiated by the government of Mexico against leading U.S. firearms manufacturers, including Smith & Wesson Brands, Inc., and others. The lawsuit claims that the firearms industry is responsible for the violence perpetrated by Mexican drug cartels. Mexico argues that certain business practices of these companies—such as the production and distribution of firearms, marketing strategies, and failure to implement stricter safety measures—have indirectly facilitated illegal gun trafficking into Mexico, where these weapons are used in cartel-related violence.

Core Issues:

1. Proximate Cause: The case questions whether the firearms industry’s lawful business activities in the U.S. can be deemed the proximate cause of the violence inflicted by drug cartels in Mexico.
2. Aiding and Abetting: Mexico alleges that by continuing these practices, the firearms companies knowingly facilitated gun trafficking, constituting “aiding and abetting” criminal activity.

Legal Context:

The case tests the boundaries of the Protection of Lawful Commerce in Arms Act (PLCAA), which generally shields firearms manufacturers from liability for harm caused by third-party misuse of their products. A district court dismissed the case, citing PLCAA protections, but the First Circuit Court of Appeals reversed this decision, allowing the suit to proceed under an exception to the PLCAA that applies when federal or state firearm laws are knowingly violated.

Implications:

Mexico seeks $10 billion in damages and significant injunctive relief, including stricter gun control measures in the U.S., such as banning so-called “assault weapons” and large-capacity magazines. [which are really normal capacity magazines] The lawsuit raises questions about the extent of liability for legal manufacturers regarding the downstream misuse of their products, with potential ripple effects for other industries. Critics argue this could open the floodgates for similar lawsuits globally, challenging long-standing legal norms around proximate cause and product liability.

This high-stakes case underscores a clash between U.S. legal protections for firearms manufacturers and a foreign governments’ efforts to address violence linked to illegally smuggled U.S.-made weapons​

“The financial toll of this abusive litigation has already been devastating to the community—and for one major company, it has been fatal,” argues the brief. “The Court must act now to preserve the statute Congress passed to secure Americans’ access to the tools protected by the Second Amendment—and prevent the industry from being driven out of business.”

“Mexico’s lawsuit is designed to effectively destroy gun rights by eliminating the American firearms ecosystem through frivolous lawfare. Congress enacted the Protection of Lawful Commerce in Arms Act to stop this kind of abusive litigation and ensure individuals had enduring access to the tools necessary for self-defense and other lawful purposes.”

“The Supreme Court should decide against Mexico and make clear that the law means what it says,” said FPC President Brandon Combs.

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Firearms Policy Coalition

Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit membership organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. We work to achieve our strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs. Our FPC Law program (FPCLaw.org) is the nation’s preeminent legal action initiative focused on restoring the right to keep and bear arms throughout the United States. Individuals who want to support FPC’s work to eliminate unconstitutional laws can join the FPC Grassroots Army at JoinFPC.org or make a donation at firearmspolicy.org/donate. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on Instagram, X (Twitter), Facebook, and YouTube.