The U.S. Supreme Court unanimously dismissed a lawsuit by the Mexican government seeking to hold American gunmakers accountable for cartel violence fueled by trafficked firearms.
In a 9-0 ruling authored by Justice Elena Kagan, the court found that Mexico failed to show that Smith & Wesson and distributor Interstate Arms aided and abetted illegal gun sales to traffickers.
“Mexico’s complaint does not plausibly allege that the defendant manufacturers aided and abetted gun dealers’ unlawful sales of firearms to Mexican traffickers,” Kagan wrote.
“We have little doubt that, as the complaint asserts, some such sales take place — and that the manufacturers know they do,” she added. “But still, Mexico has not adequately pleaded what it needs to.”
The 2021 lawsuit accused Smith & Wesson, Colt, Glock, and other manufacturers of knowingly selling firearms to dealers whose products are frequently recovered at Mexican crime scenes.
The Mexican government argued that their aiding and abetting allegations exclude the companies from protection under the 2005 Protection of Lawful Commerce in Arms Act (PLCAA), which generally shields gun manufacturers from liability for crimes committed with their products. Mexico sought up to $10 billion in damages.
The ruling was welcomed by gunmakers. Smith & Wesson’s attorney, Noel Francisco, said the decision confirmed that manufacturers are not responsible for criminal misuse of their products.
Gun control advocates, meanwhile, criticized the outcome and called for changes to the PLCAA.
Mexico’s Foreign Ministry said it “strongly disagrees” with the ruling and will continue to pursue legal and diplomatic efforts to stop illicit arms trafficking.
