- Mexico’s lawsuit alleging US gun manufactures are culpable for cartel violence is headed to the Supreme Court Tuesday. Mexico is accusing U.S. firearms manufacturers of aiding and abetting drug cartels.
- Mexico wants $10 billion in damages.
- The firearms manufacturers said they have never committed misconduct that would make them guilty of “aiding and abetting,” as Mexico alleges.
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Mexico’s lawsuit alleging American gun manufacturers are culpable for cartel violence is headed to the Supreme Court Tuesday, March 4. Mexico is accusing U.S.-based firearms manufacturers of aiding and abetting drug cartels and is suing for $10 billion in damages.
Mexico filed suit against the largest gun manufacturers in America, including Smith and Wesson, Glock, Colt’s Manufacturing Company, Beretta and others.
According to Mexico’s statistics, 74% of the guns found at crime scenes in the country can be traced to the United States and more than 200,000 weapons are smuggled into the country from the U.S. each year.
Its complaint alleges the gun makers “aid and abet the killing and maiming” of Mexicans by the drug cartels.
What are the justices considering?
The Justices are ruling on two separate questions:
- Whether the production and sale of firearms in the US is the “proximate cause” of injuries to the Mexican government from violence committed by drug cartels in Mexico.
- Whether the production and sale of firearms in the US amounts to “aiding and abetting” illegal firearms trafficking because firearms manufacturers allegedly know some of their products are trafficked.
What is Mexico’s argument?
The Protection of Lawful Commerce in Arms Act (PLCAA) protects businesses engaged in lawful business practices from liability for the unlawful misuse of their firearms. There is an exception for businesses engaged in unlawful commerce, which Mexico is alleging.
“Petitioners deliberately sell their guns through dealers who are known to disproportionately sell firearms that are recovered at crime scenes in Mexico,” attorneys representing the Mexican government said in their court brief.
Mexico is alleging that gun dealers sell their products to “red-flag” dealers, they design and market products that cater to cartels and do it intentionally to boost their bottom lines.
“This constitutes classic aiding and abetting, in violation of federal law,” the brief states.
Mexico said it has suffered damages to property, its military and police.
What is the gun manufacturer’s defense?
The gun manufacturers make three main points:
- Aiding and abetting requires culpable misconduct, like assisting a criminal offense.
- Mexico has not proven the gun manufacturers know which dealers are selling to cartels, and even if they did prove that, it would not be enough to trigger liability.
- Mexico is targeting ordinary business practices, not culpable misconduct.
“But where a lawful industry does nothing but engage in routine business practices, that is not the sort of misconduct that can render its participants accomplices,” the brief states.
The manufacturers cite the 2023 case Twitter v. Taamneh, in which the justices ruled aiding and abetting requires an affirmative act taken with intent to help a crime succeed.
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