Mexico files lawsuit against US gun manufacturers for their role in trafficking and violence

Mexico’s Foreign Minister Marcelo Ebrard, and US Secretary of State Antony Blinken at the High-Level Economic Dialogue Second Annual Meeting. Image source: AP Photo/Raquel Cunha

In a speech to Mexico's Senate, Foreign Minister Marcelo Ebrard announced that Mexico will file a new lawsuit against several US gun manufacturers in Arizona. Before this announcement, the Mexican government had already brought lawsuits against US companies that they claim are contributing to the illegal arms trade in Mexico. 

This decision for a new lawsuit comes from a US court's decision to dismiss Mexico's August 2021 lawsuit against gun makers. Mexico argued gun manufacturing companies in the US, such as Smith & Wesson Brands, Colt's Manufacturing Company LLC, and Glock Inc., "undermined Mexico's strict gun laws by marketing and selling military-style assault weapons that drug cartels use." 

Evidence provided by Mexico included figures like "2.2% of the 40 million guns made in the US are smuggled through Mexico, and of that 2.2%, gun companies involved in the lawsuit made around 597,000 guns,” according to records.  Mexico sought $10 billion in compensation. 

Displayed handguns at the Shooting, Hunting, and Outdoor Trade Show in Las Vegas. The event is one of the largest trade shows in the world. Image source: AP Photo/John Locher

The US judge who presided over the case, Chief Judge F. Dennis Saylor, said federal provisions prevented the lawsuit from keeping gun manufacturers responsible. In his decision, Saylor noted the "court, albeit having considerable sympathy for the people of Mexico, is duty-bound to follow the law."

Saylor’s decision had precedent. A provision in US federal law called the Protection of Lawful Commerce in Arms Act (PLCAA) shields gun manufacturers from being held responsible when criminals harm others or engage in the "unlawful misuse of firearms when the product functions as designed and intended." 

The PLCAA has not only blocked Mexico's August 2022 complaint but also stalled meaningful progress on gun reform in the US. Recent mass shootings in Uvalde, Texas, and Buffalo, N.Y. brought firearm violence back to the forefront of American politics. Domestic lawsuits against gun makers failed because of the PLCAA. 

In stark contrast, Mexican firearm policies are extremely restrictive. The Defense Ministry controls firearm distribution in the country, which contains only one gun store. This is in contrast to the United States, where despite recent gun safety bills passed by the Biden administration, firearms are ubiquitous considering their relative accessibility, and the prevalence of gun shops and shows throughout the US. 

In his address to the Mexican Senate, Ebrard said "Mexico is going to file the second lawsuit in Arizona, where we are going to show that US gun outlets are dealing with straw purchasers, and criminal charges have to be brought." 

Straw purchasing is the act of an individual purchasing a gun for someone who is not allowed to possess or use a firearm under federal US law. In the wake of growing gun violence, US law has criminalized straw purchasing and has outlined punishments as long as 15 to 25 years if the purchases are connected to drug trafficking. 

Alejandro Celorio, Mexico's lead attorney in the case, said "they are prepared to take this case to the Supreme Court," in an interview with VICE. 

Mexico's lawsuits demonstrate their persistence in holding US gun-manufacturing companies accountable. Their continued litigation in US courts and against US companies demonstrate a costly commitment to combating perceived threats from irresponsible companies that presumably know their guns are going to cartels. The publicity from Mexico's recent legal action will guide its dynamic relationship with the US for the foreseeable future. 

During his address, Ebrard highlighted how "the issue will be the primary topic" during US-Mexico meetings on border security and migration taking place in Washington next week. It remains to be seen whether anything will come of them.