Mexico v. Smith & Wesson, et al.,
On August 4, 2021, the Government of Mexico filed the first lawsuit by a sovereign country against the gun industry. This landmark case seeks to hold U.S. gun manufacturers liable for the high levels of gun violence in Mexico caused by firearms trafficked from the United States. The suit was filed in U.S. District Court in Massachusetts.
In its filing, Mexico seeks to hold American gun manufacturers accountable for their role in facilitating gun trafficking, refusing to take steps that would stop trafficking, and marketing assault weapons, sniper rifles, and other guns sought after by the cartels in that country.
GAGV founder and president Jonathan Lowy helped Mexico develop its legal strategy for this case and is co-counsel.
On January 22, 2024, in a landmark decision, the U.S. Court of Appeals for the First Circuit ruled in favor of Mexico, allowing its lawsuit against U.S. gun manufacturers, including Smith & Wesson, to proceed. This decision, overturning a lower court’s dismissal, marks a significant legal victory for Mexico. It challenges the Protection of Lawful Commerce in Arms Act (PLCAA) and opens a pathway for holding gun manufacturers accountable for their alleged role in facilitating illegal gun trafficking to Mexico and the resulting surge in gun violence. This ruling underlines the potential global impact of U.S. gun industry practices, setting a precedent for international accountability in the arms trade.
On September 30, 2022, Judge F. Dennis Saylor IV dismissed the case, holding that it was barred by the Protection of Lawful Commerce in Arms Act (PLCAA), which gives the gun industry unprecedented immunity from civil liability in the United States.
Mexico appealed that decision, arguing that PLCAA does not apply to lawsuits brought by foreign governments or non-U.S. citizens and that PLCAA does not protect gun companies that knowingly facilitate criminal activity. Oral arguments in the U.S. Court of Appeals for the First Circuit took place on July 24, 2023.
On January 22, 2024, the First Circuit ruled in Mexico’s favor, allowing the case to proceed. In its decision, the Court stated that Mexico made a strong enough case that the gun companies engaged in illegal activity not protected by PLCAA.
On April 18, 2024, the gun industry defendants petitioned the United States Supreme Court for a writ of certiorari to review two questions from the 1st Circuit’s decisions: whether Mexico’s allegations supported aiding and abetting liability and proximate cause. On August 7, 2024, District Judge Saylor granted a motion to dismiss for lack of personal jurisdiction filed by several non-Massachusetts-based defendants.
On October 4, 2024, the Supreme Court accepted the petition, taking the case. The Court will hear arguments on March 4, 2025. A decision is expected from the Court by June 2025.
Court filings:
2.2.1. Defendants’ petition for certiorari
2.2.2. Mexico’s brief in opposition to certiorari
2.2.3. Defendants’ reply in favor of certiorari
2.2.4. Supreme Court Order granting writ of certiorari