Supreme Court Hears Major Gun Rights Case: Mexico v. Smith & Wesson

In a case that could have massive implications for the gun industry and Second Amendment rights, the U.S. Supreme Court recently heard oral arguments in Mexico v. Smith & Wesson. While the case itself is a legal battle over whether Mexico can sue American gun manufacturers for cartel violence, the bigger question is how the ruling will shape future legal attacks on the firearms industry.

What’s This Case About?

The Mexican government—backed by anti-gun activists and U.S. lawyers—filed a lawsuit against major gun manufacturers, including Beretta, Glock, Ruger, Colt, Barrett, and, of course, Smith & Wesson. Their claim? That these companies “knowingly” sell firearms that end up in cartel hands through straw purchases.

The legal argument Mexico is pushing boils down to this: Since American gun makers sell to retailers near the border, and some criminals buy those guns illegally before smuggling them to Mexico, the manufacturers should be held liable for the violence in Mexico.

If that logic sounds ridiculous, that’s because it is. It’s like trying to sue Ford for car accidents caused by drunk drivers or blaming Budweiser for underage drinking in college towns.

What’s at Stake?

Thankfully, the Supreme Court seems poised to reject Mexico’s lawsuit. But how they rule matters just as much as the outcome itself.

The gun industry’s defense is built on the Protection of Lawful Commerce in Arms Act (PLCAA)—a federal law that shields gun makers from frivolous lawsuits when their products are used criminally. However, PLCAA does have exceptions, including cases where companies violate federal law. Mexico’s lawyers tried to exploit that loophole by arguing that gun manufacturers are “aiding and abetting” straw purchasers and criminal gun dealers.

The justices, particularly the conservative ones, weren’t buying it. Even Justice Ketanji Brown Jackson, a Biden-appointed liberal, seemed skeptical of Mexico’s claims. That’s a strong sign that the case will be thrown out.

The Win We Need vs. The Win We’ll Get

While the gun industry is likely to win this case, it may not be the broad victory Second Amendment advocates were hoping for.

The ideal ruling would shut down not just this lawsuit, but also future attempts by anti-gun states like New York and California to attack the firearms industry using state laws. The best outcome would be a strong precedent stating that manufacturers cannot be held responsible for crimes committed with their products—something known as “proximate cause.”

Instead, it looks like the Court will issue a narrower ruling. They’ll probably reject Mexico’s case based on federal law, without addressing state-level lawsuits. That means anti-gun politicians will still be able to push their agenda through state courts, forcing gun makers to fight more legal battles in the future.

A Major Question: Can the U.S. Sue Mexico?

One of the most interesting moments in the hearing came when Justice Alito turned the tables on Mexico’s argument. If Mexico can sue American gun companies for crimes committed in their country, could U.S. states sue the Mexican government for the flood of fentanyl pouring into American cities?

It’s a fair question. The drug crisis in the U.S. has killed far more people than cartel gun violence in Mexico, yet Mexico takes zero responsibility for the cartels operating freely within its borders. If Mexico wants to play this legal blame game, they might not like where it leads.

The Bottom Line

This case is a prime example of how gun control activists are using backdoor legal tactics to attack the firearms industry. While the Supreme Court will likely shut this lawsuit down, the fight isn’t over. Anti-gun states and activist groups will continue trying to dismantle the Second Amendment, one lawsuit at a time.

For now, the good news is that Smith & Wesson and the rest of the gun industry are on track for a win. But the way we win matters—and the battle to defend gun rights isn’t going away anytime soon.

This analysis is based on insights from Mark Smith at Four Boxes Diner, who provided a detailed breakdown of the Supreme Court oral arguments in Mexico v. Smith & Wesson. Follow him on X, Rumble and YouTube.

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nrringlee

Mexico has a homicde rate more than three times that of the United States while having severe restrictions on firearms ownership for its citizens. The cartels are the problem and right now the cartels are also THE Government. The problems are self-inflicted due to corruption. Fix that problem.

Arizona

Be prepared to be disappointed by justices who consistently fail to keep their oath to rule according the the supreme law of the land as written: the Constitution.

JMacZ

More MX foolishness. Fix your problems yourself!

Nurph

“It’s like trying to sue Ford for car accidents caused by drunk drivers or blaming Budweiser for underage drinking in college towns.”

Why not drag tequila distillers into court? I mean, their product has a LOT more negative impacts than firearms.

” If Mexico can sue American gun companies for crimes committed in their country, could U.S. states sue the Mexican government for the flood of fentanyl pouring into American cities?”

This would be a cool concept if our legal system was actually willing to do something about the issue.

Rob J

According to trace data (released by DDoSecrets as the result of hacked data and confirmed by Mexico’s Ministry of Foreign Affairs) of firearms recovered since 2018, the ATF’s Fast and Furious program (responsible for over 2,000 firearms smuggled into Mexico) is linked to 3 of the top 6 purchasers. One purchaser had 33 of the 37 firearms he purchased between 2018-2020 being part of the 54 recovered in a single shipment. https://www.usatoday.com/story/news/investigations/2024/05/22/mexican-cartels-supplied-trafficked-guns-from-us/73700258007 The most commonly recovered firearms between 2018-2020 are the Anderson AM15 (504), Colt 1911 (485), and the Century RAS47 (266). Two big box stores (Academy LTD, and Cabela’s)… Read more »

Last edited 6 months ago by Rob J
gregs

would like to know the statistics on the types of firearms the bad actors, i.e. cartels, use in mexico. are they full auto or semi-auto? because as far as i know, here in the US we cannot purchase full auto firearms, legally. i know that conversion kits can be manufactured or purchased, but here that is illegal. is mexico going after the chinese for making these conversions kits? do they have definitive proof that all these firearms are coming from the US or are they just blaming someone else for their problems? would be nice to see the data on… Read more »

Mudhunter

I would like to sue Mexico for being a narco terrorist state that aides and abets the theft and severe misuse of firearms as defacto law of the land. And therefore a danger to our government and our citizens.

hippybiker

Mexico made a blatantly false argument about Spanish words on some Smith and Wesson pistols. It goes back many years, when some Spanish company’s we’re producing knockoff copies of Smith and Wesson pistols.
the words were‘Marcis Registrada.’ IE: Registered Trademark.

Last edited 6 months ago by hippybiker
DIYinSTL

Francisco, the lawyer for S&W, effed up to a certain degree. He talked a lot about “illegal sales” and “straw sales” which focus on the retailer instead of speaking of illegal purchases, straw purchases and straw buyers. Justice Sotomayer seemed to be under the impression that FFLs are omniscient and know when they are selling to a straw purchaser. Unless ATF is walking guns again, the sales were legal with the buyer passing a NICS check. It would be disappointing if ATF did not crack down on an FFL who knowingly sold to straw purchasers. Hopefully Justice Thomas will straighten… Read more »

Laddyboy

EASY CASE: Mexico HAS NO STANDING —- CASE is THROWN OUT WITH PREJUDICE!!!!!!!!!!!