The United States Supreme Court has sided with a coalition of states, including Texas, in dismissing a lawsuit filed by Mexico aimed at American firearms companies.
In 2021, Mexico sued several U.S. firearms companies, claiming they were responsible in part for the criminal use of their products by the Mexican cartels.
Attorneys general in states across the country quickly began picking sides. Some blue state prosecutorial teams came to Mexico’s defense, with red states like Texas siding with the gun manufacturers.
While the U.S. District Court in Massachusetts initially dismissed the case, a later ruling by the First Circuit Court of Appeals allowed Mexico to continue its case against gun manufacturer Smith & Wesson and distributor Interstate Arms.
In October 2024, the issue was picked up by the Supreme Court, and justices unanimously decided last week that the case should be dismissed, reversing the appeals court ruling.
Justice Elena Kagan cited the liability protections for gun makers approved in 2005 through the Protection of Lawful Commerce in Arms Act as the court’s reason for dismissing the case.
Although Kagan admitted the court did not doubt the companies’ potential awareness of illicit deals with cartel members, it held that Mexico failed to prove the companies aided and abetted the sales.
“We find that Mexico has not plausibly alleged aiding and abetting on the manufacturers’ part. ‘Plausibly’ does not mean ‘probably,’ but ‘it asks for more than a sheer possibility that a defendant has acted unlawfully.’ … And Mexico has not met that bar,” wrote Kagan.
“Mexico’s plausible allegations are of ‘indifference’ rather than assistance,” she added.
Texas Attorney General Ken Paxton stated in a press release that he was proud to support the firearms manufacturers and was pleased with the high court’s decision.
“Mexico cannot blame American firearms companies for its ongoing internal war against the cartels, and in no way can a foreign nation be allowed to undermine our Second Amendment rights,” stated Paxton.
Noel Francisco, an attorney who represented Smith & Wesson in the case, stated he was “gratified that the Supreme Court agreed that we are not legally responsible for criminals misusing that product to hurt people.”
The ruling comes down amid growing unrest between the U.S. and Mexico over immigration enforcement, specifically following violent riots in Los Angeles.
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