America’s Second Amendment rights are under assault from an unexpected direction as Mexico takes aim at U.S. gun manufacturers. The foreign nation is attempting to bypass Congress and use American courts to impose gun control that U.S. citizens would never accept through normal democratic processes.
At a Glance
- The Supreme Court will decide if Mexico can sue U.S. gun manufacturers for allegedly contributing to cartel violence in a $10 billion lawsuit
- A district court previously dismissed the case based on the 2005 Protection of Lawful Commerce in Arms Act, but an appeals court reversed that decision
- The lawsuit targets major American gunmakers including Smith & Wesson, Glock, Colt, and Beretta
- Gun manufacturers argue this is a backdoor attempt to impose gun regulations that Congress has not passed
- Liberal gun control groups like Everytown for Gun Safety and Giffords Law Center are backing Mexico’s position
Foreign Nation Attempting End-Run Around Second Amendment
The U.S. Supreme Court will hear arguments on March 4 in a case that could have profound implications for American gun rights and sovereignty. Mexico’s government has filed a $10 billion lawsuit against major U.S. firearms manufacturers, claiming they bear responsibility for drug cartel violence south of the border. This unprecedented legal maneuver represents the first case involving the Protection of Lawful Commerce in Arms Act to reach the nation’s highest court.
Gun manufacturers argue this lawsuit is nothing more than a transparent attempt by a foreign government to force gun control policies on American citizens that they would never accept through the democratic process. The companies maintain that independent criminal acts by traffickers, not lawful manufacturing, are responsible for Mexico’s violence problems.
“Mexico makes no secret that it abhors this country’s approach to firearms, and that it wants to use the American court system to impose domestic gun controls on the United States that the American people themselves would never accept through the ordinary political process,” the companies’ attorneys said.
The case began when Mexico filed its lawsuit claiming that American gunmakers knowingly enabled illegal gun trafficking across the border. A U.S. District Court initially dismissed the case, citing the Protection of Lawful Commerce in Arms Act (PLCAA), a 2005 law designed to shield gun manufacturers from liability when criminals misuse their products. However, the 1st U.S. Circuit Court of Appeals reversed that decision, allowing the lawsuit to proceed.
The legal question centers on whether gun companies can be held liable as the “proximate cause” of violence perpetrated by Mexican drug cartels. Mexico claims over half a million U.S.-made firearms reach their country annually, undermining their strict gun laws. The lawsuit specifically targets major American firearm manufacturers including Smith & Wesson, Glock, Colt, and Beretta, accusing them of encouraging sales to “straw” buyers who then traffic the weapons to Mexico.
The rights of our gun owners and manufacturers is not subject to the legal whims of foreign governments. I'm glad to support @SenTedCruz and @repdarrellissa's bicameral amicus brief, affirming our commitment to American sovereignty and 2A liberties.https://t.co/k9Zl1IX5bg
— Senator Kevin Cramer (@SenKevinCramer) June 5, 2024
Liberal Gun Control Groups Back Foreign Government’s Lawsuit
American gun control organizations, including Everytown for Gun Safety Support Fund and the Giffords Law Center, have thrown their support behind Mexico’s position. These groups argue that gun manufacturers should face legal consequences for harm allegedly caused by their products, despite the fact that the firearms in question were legally manufactured and initially sold through licensed dealers in accordance with U.S. law.
The Mexican government alleges that U.S. gun companies knowingly sell firearms through dealers who disproportionately supply guns recovered at crime scenes in Mexico. They further claim that 90% of guns used in crimes in Mexico are trafficked from a specific group of U.S. gun dealers. Critics point out that Mexico’s own corruption and failure to secure its border are more likely responsible for the flow of illegal weapons.
The Supreme Court’s decision, expected by the end of June, could have far-reaching implications for American gun rights, the firearms industry, and even national sovereignty. If Mexico prevails, it could open the floodgates to similar lawsuits from other nations seeking to circumvent America’s constitutional protections and democratic processes to impose their preferred gun policies on U.S. citizens.
Surely we can’t cede control or influence over any of our laws to…Mexico?
