Does Federal Law Prevent Mexico From Suing Gun Manufacturers for the Criminal Use of Their Weapons?
In 2005, the U.S. Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA), which shields gun manufacturers like Smith & Wesson from liability for the criminal misuse of their products by a third party. The law provides an exception, however, if a company knowingly violates a firearm law. In 2021, the Mexican government filed suit against seven gun companies, including Smith & Wesson, Beretta, Colt and Glock, and one wholesaler for costs the nation had incurred in fighting drug cartels equipped with their firearms. These weapons had been manufactured in the United States and illegally smuggled into Mexico — an activity, Mexico alleged, that the gun companies knew about but did little to stop. After a federal district court ruled that the PLCAA prevented Mexico’s lawsuit, the 1st U.S. Circuit Court of Appeals reversed, allowing Mexico’s case to proceed. The gun manufacturers then appealed to the U.S. Supreme Court, which granted certiorari on Oct. 4, 2024. The following is excerpted from the Brief for Petitioners as submitted to the U.S. Supreme Court on Nov. 26, 2024.
