The US Supreme Court announced on Friday that it will determine whether to block a $10 billion lawsuit filed by the Mexican government against several major American gun manufacturers and distributors. Mexico alleges that these companies, including Colt, Glock, Smith & Wesson, and Beretta, among others, have engaged in negligent and illegal business practices that have fueled rampant gun violence in Mexico.
Filed in Boston in August 2021, the lawsuit claims that the manufacturers and distributors have knowingly contributed to the illegal trafficking of firearms to Mexican drug cartels and criminals. The Mexican government points to statistics showing that 70% of the weapons trafficked to Mexico originate from the United States, leading to a sharp increase in homicides. In 2019 alone, Mexico reported that over 17,000 homicides were linked to firearms smuggled from the US. The lawsuit is an attempt to address the significant damage caused by the illegal gun trade, which Mexico’s legal team has equated to 1.7% to 2% of the country’s GDP.
The gun industry, represented by the National Shooting Sports Foundation, argues that the allegations are unfounded and that the responsibility for crime and violence in Mexico rests with the Mexican government. Lawrence Keane, a senior executive with the foundation, has publicly dismissed the lawsuit, calling it “baseless.” He stated that gun manufacturers cannot be held accountable for how their products are misused once sold legally.
The case has been through a series of legal battles, including being initially dismissed by a district court and later revived by the first US Circuit Court of Appeals. Gun manufacturers have appealed the ruling, arguing that the lawsuit should not be heard in American courts. They claim that Mexico is attempting to use the US legal system to cripple the firearms industry based on what they describe as a “novel and far-fetched” legal argument.
Mexico’s legal team contends that the gun manufacturers are aware that their products often end up in the hands of cartels through “straw buyers” – individuals who purchase firearms on behalf of criminals. The Mexican government argues that these companies are complicit in the violence and devastation caused by these illegal transactions, particularly regarding military-style weapons with easily erased serial numbers.
As the case moves to the Supreme Court, its outcome could have significant implications for the US firearms industry. Mexico is not alone in its concerns over the proliferation of American-made weapons. A recent UN report indicated that since 2020, hundreds of thousands of weapons, both legal and illegal, have been trafficked into countries like Haiti, contributing to escalating gang violence. The US State Department has even discussed forming a new policing unit in Haiti to address the growing issue of gun trafficking.
The Supreme Court’s decision could set a major legal precedent regarding the accountability of gun manufacturers for violence linked to their products outside the US.
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