A federal appeals panel in Boston ruled Monday that a $10 billion lawsuit brought by Mexico against U.S. gun makers whose weapons are used by drug cartels can proceed, overturning a lower court that had dismissed the case.
The decision, which will likely be appealed, is one of the biggest setbacks for gun manufacturers since the passage of a federal law nearly two decades ago that has granted immunity from lawsuits brought by the families of people killed or injured by their guns. .
Mexico, in an attempt to challenge the scope of that law, sued six manufacturers in 2021, including Smith & Wesson, Glock and Ruger. He argued that the companies should be held responsible for trafficking half a million guns across the border a year, some of which were used in murders.
In September 2022, a Federal District Court judge dismissed the lawsuit, ruling that the law prohibits legal actions brought by foreign governments.
But Judge William J. Kayatta Jr., an Obama appointee and member of the U.S. Court of Appeals for the First Circuit, representing a unanimous majority, revived the lawsuit. The ruling said the plaintiffs had presented a “plausible” argument that their case was “statutorily exempt” from the immunity shield.
In their appeal, Mexico’s lawyers, assisted by U.S. gun control groups, asserted that the companies “aided and abetted the knowingly illegal subsequent trafficking” of their weapons into Mexico.
Gun violence is rampant in Mexico despite its near-general ban on firearms ownership.
About 70 to 90 percent of guns trafficked in Mexico originated in the United States, according to Everytown Law, the legal arm of the gun control group founded by former New York Mayor Michael R. Bloomberg.
Gun control advocates praised Monday’s decision by a three-judge panel, calling it a milestone in holding the gun industry accountable.
“The court not only recognized another country’s right to sue American arms companies; It also cut through the unfair legal shield that gun companies have been hiding behind,” said Jonathan Lowy, a Maryland-based attorney who serves as co-counsel for Mexico in the case and is one of the founders of Global Action Against armed violence.
Supporters of the arms industry criticized the ruling.
“We respectfully and proudly disagree with today’s decision and are reviewing our legal options,” said Larry Keane, a senior official at the National Shooting Sports Foundation, the gun industry’s main trade association.
“The government of Mexico should spend its time enforcing its own laws and bringing Mexican criminals to justice and Mexican courts, instead of scapegoating the firearms industry for its inability and unwillingness.” to protect Mexican citizens from cartels,” he said.
