Mexico is suing US gun-makers for arming its gangs − and a US court could award billions in damages
The government of Mexico is suing U.S. gun-makers for their role in facilitating cross-border gun trafficking that has supercharged violent crime in Mexico.
- The government of Mexico is suing U.S. gun-makers for their role in facilitating cross-border gun trafficking that has supercharged violent crime in Mexico.
- To understand why, let’s begin with some background about the federal law that protects the gun industry from civil lawsuits.
Gun industry immunity
- Importantly, there are limits to this immunity shield.
- Mexico’s lawsuit alleges that U.S. gun-makers aided and abetted illegal weapons sales to gun traffickers in violation of federal law.
Mexico’s allegations
- Mexico also points to industry marketing that promises buyers a tactical military experience for civilians.
- In short, Mexico claims that illegal gun trafficking isn’t just an unwanted byproduct of the industry’s design choices, marketing campaigns and distribution practices.
- Instead, according to the lawsuit, feeding demand for illegal weapons is central to the industry’s business model.
The next legal steps
- In January 2024, a federal appeals court in Massachusetts decided that Mexico’s allegations, if true, would deprive the gun-makers of immunity, and it sent the case back to trial court.
- Mexico now needs to produce evidence to prove its allegations that the industry is not only aware of but actively facilitates illegal gun trafficking.
- For their part, the gun-makers have asked the trial judge to put the case on hold while they pursue an appeal to the U.S. Supreme Court.
High stakes for the industry
- Even if the case were to settle for much less, a victory by Mexico would provide a template for a wave of future lawsuits that could change the way the gun industry operates.
- Similar theories about dangerous product designs, irresponsible marketing and reckless distribution practices in opioid litigation have transformed the pharmaceutical industry.
Timothy D. Lytton has provided expert consulting services to law firms representing gun violence victims.