The Supreme Court appears likely to quash a lawsuit by the Mexican government accusing U.S. gun makers of aiding and abetting traffickers who smuggle firearms across the southern border. During oral arguments in Smith & Wesson Brands v. Estados Unidos Mexicanos, a majority of the court expressed doubts that the Mexican government had offered specific enough evidence to move forward to a trial, Several justices — including Clarence Thomas and Brett Kavanaugh — seemed sympathetic toward the gun companies’ argument that the connection between their sales practices and Mexican cartel violence was tenuous at best.
“Would your theory of aiding and abetting suggest that manufacturers should be concerned if their products, their lawful products, are sold in certain communities or certain neighborhoods where they’re more likely to be misused?” Kavanaugh asked Mexico's attorney representing Mexico. “We manufacture knives, but there are a lot of stabbings in certain neighborhoods. Should we make sure our products aren’t sold there?” Mexico sued Smith & Wesson, Beretta, Colt, other gun manufacturers, and a wholesaler asking for $10 billion in damages and changes to the companies’ sales practices. A Massachusetts judge dismissed the case under the Protection of Lawful Commerce in Arms Act (PLCAA), which immunizes the gun industry against lawsuits stemming from the criminal misuse of its products. After the U.S. 1st Circuit Court of Appeals reinstated the lawsuit last year, the gunmakers asked the Supreme Court to intervene.
The main issue before the Supreme Court is whether the Mexican government’s claims fit a narrow exception in PLCAA. The law permits suits against gun companies that violate state or federal laws related to the sale or marketing of firearms. In its lawsuit, the Mexican government accused the companies of doing business with retailers who they knew were engaging in illegal sales. Andrew Willinger of the Duke Center for Firearms Law had expected the Supreme Court to side with the gun manufacturers based on its rulings in previous gun cases, “but that’s even more the case after these oral arguments.” If the court rules against Mexico, that will likely spell the lawsuit’s end. Mexican President Claudia Sheinbaum — who pledged 10,000 National Guard troops to the border — has promised retribution for new U.S. tariffs and called on the U.S. to do its part to stem the flow of guns southward, which she blames for enabling the drug and immigration crises.
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