Does Federal Law Prevent Mexico From Suing Gun Manufacturers for the Criminal Use of Their Weapons?
In 2021, Mexico filed suit against a group of gun manufacturers in U.S. federal court, alleging that the companies were doing nothing to stem a “relentless tidal wave” of illegal firearms entering the country. Mexico claimed that the weapons were being used by drug cartels, resulting in “substantial harm” to the nation, including police and military personnel killed or injured by trafficked firearms, destroyed vehicles and increased stress on government services. After a district court judge ruled that the gun manufacturers were shielded from the liability lawsuit by the Protection of Lawful Commerce in Arms Act (PLCAA), the 1st Circuit U.S. Court of Appeals issued a decision allowing the litigation 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 Respondent as submitted to the U.S. Supreme Court on Jan. 10, 2025.
