The U.S. Supreme Court has agreed to hear a case that could have far-reaching implications for the gun industry and its liability for violence abroad.
CBS News reports that the court will consider an appeal from American gun manufacturers seeking to dismiss a lawsuit filed by the Mexican government over cartel violence.
The lawsuit, initially filed in August 2021, targets seven U.S. gun manufacturers and one distributor. Mexico claims these companies are partly responsible for the devastating violence perpetrated by drug cartels, alleging that a significant portion of firearms used in cartel-related crimes originate from these manufacturers.
The case hinges on the interpretation of a 2005 federal law known as the Protection of Lawful Commerce in Arms Act (PLCAA). This legislation was designed to protect law-abiding gun companies from liability for criminal misuse of their products.
Initially, a federal district court dismissed Mexico's lawsuit, citing the PLCAA. However, a federal appeals court later revived the case, arguing that it qualified for an exception under the law.
The gun manufacturers, including prominent names like Smith & Wesson and Beretta, are now turning to the Supreme Court. They argue that allowing the lawsuit to proceed could open floodgates for similar litigation from other foreign governments and U.S. entities.
The Mexican government's lawsuit alleges that U.S. gun dealers are the primary source of firearms used by cartels. They claim that up to 597,000 firearms are trafficked into Mexico annually, with nearly half of the weapons recovered at crime scenes being products of the companies named in the suit.
Mexico accuses the gun industry of "aiding and abetting" cartels through business practices that knowingly allow their firearms to be smuggled across the southern border. The lawsuit specifically points to four sets of policies, including the continued manufacture and sale of semi-automatic rifles like the AR-15.
The outcome of this case could have significant ramifications for the firearms industry and international relations. Gun manufacturers warn that a ruling in Mexico's favor could lead to a deluge of lawsuits from various governmental entities.
According to the gun industry's lawyers:
Mexico's multi-billion-dollar suit will hang over the American firearms industry for years, inflicting costly and intrusive discovery at the hands of a foreign sovereign that is trying to bully the industry into adopting a host of gun-control measures that have been repeatedly rejected by American voters.
On the other hand, Mexico's legal team argues that the manufacturers have deliberately supplied weapons to unlawful sellers, contributing to the deaths of thousands of Mexican civilians.
The Supreme Court will hear arguments in this case during its next term, which begins on Monday. This case is one of 13 new additions to the court's docket following a recent meeting to consider appeals.
As the justices prepare to delve into this complex issue, the decision could potentially reshape the landscape of gun industry liability and impact international efforts to combat cartel violence. The case underscores the ongoing debate over gun control and manufacturer responsibility, with far-reaching consequences for both the United States and Mexico.
