USA, — A federal appeals court Tuesday ruled that a lawsuit filed by Mexico against a group of U.S. gun manufacturers and a distributor can proceed, reversing a lower court decision that dismissed the case.
Mexico filed a lawsuit against a group of U.S. gun manufacturers, including Smith & Wesson, Glock, Ruger and others, in 2021, alleging the companies “know that their guns are trafficked into Mexico and make deliberate design, marketing, choices to retain and grow that illegal market,” according to court documents.
A federal district court judge dismissed the case in 2022 “because it concluded that Mexico's common law claims were barred by the Protection of Lawful Commerce in Arms Act (PLCAA),” according to court documents.
Mexico appealed that ruling, and the U.S. Court of Appeals for the First Circuit revived the lawsuit, finding “Mexico’s complaint plausibly alleges a type of claim that is statutorily exempt from the PLCAA’s general prohibition,” according to the court’s opinion.
“We therefore reverse the district court’s holding that the PLCAA bars Mexico’s common law claims, and we remand for further proceedings,” the opinion continued.
Mexico claims that between 70% and 90% of guns recovered from crime scenes in Mexico were trafficked from the U.S., according to court documents.
Some gun control advocates, including Global Action on Gun Violence president and co-counsel for Mexico in the case Jonathan Lowy, praised the decision by the three-judge panel.
“Not only did the Court recognize the right of another country to sue U.S. gun companies, it also pierced the unfair legal shield that gun companies have been hiding behind since 2005,” Lowy said in a statement.
The National Shooting Sports Foundation firearm industry trade group, though, criticized the decision.
“We disagree (with) today’s decision & are reviewing our legal options Mexico should spend its time enforcing its own laws & bring Mexican criminals to justice in Mexican courtrooms, instead of scapegoating the firearm industry for their unwillingness to protect Mexican citizens,” Larry Keane of NSSF wrote on X.
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