Federal Judge Dismisses Majority of Mexico’s Lawsuit Against U.S. Gun Makers

On Wednesday, U.S. District Judge Dennis Saylor dismissed the major portion of a lawsuit brought by Mexico against several American gun manufacturers and a wholesaler.

On August 4, 2021, Breitbart News reported the government of Mexico was suing six U.S. gun makers and one Boston-area wholesaler, claiming “massive damage” created by “unlawful trafficking” of firearms to cartel and criminal elements.

The Mexican Government’s suit opened with trafficking claims and named the six manufacturers and the wholesaler:

Plaintiff Estados Unidos Mexicanos (the “Government”), a sovereign nation, brings this action to put an end to the massive damage that the Defendants cause by actively facilitating the unlawful trafficking of their guns to drug cartels and other criminals in Mexico. Almost all guns recovered at crime scenes in Mexico — 70% to 90% of them — were trafficked from the U.S. The Defendants include the six U.S.-based manufacturers whose guns are most often recovered in Mexico — Smith & Wesson, Beretta, Century Arms, Colt, Glock, and Ruger. Another manufacturer defendant is Barrett, whose .50 caliber sniper rifle is a weapon of war prized by the drug cartels. The remaining defendant — Interstate Arms — is a Boston-area wholesaler through which all but one of the defendant manufacturers sell their guns for re-sale to gun dealers throughout the U.S.

The number of entities being sued eventually reached eight in total.

A district court judge decided against Mexico in September 2022, saying that the Protection of Lawful Commerce in Arms Act (PLCAA) shields U.S. gun manufacturers from such suits. However, Mexico appealed the ruling, and CNN noted that a three-judge panel from the U.S. Court of Appeals for the First Circuit ruled “that Mexico’s complaint plausibly alleges a type of claim that is statutorily exempt from the PLCAA’s general prohibition.”

The BBC reported that “Smith & Wesson Brands and Witmer Public Safety Group remain defendants following the judge’s ruling.”

Montana Attorney General Austin Knudsen has been leading a charge among state AGs to seek Supreme Court intervention in the case against American gun makers.

Following Wednesday’s dismissal, Knudson told Breitbart News, “I’m glad the District Court agreed with us. The Mexican government cannot weaponize U.S. courts in an attempt to deflect from Mexico’s own failed policies. Perhaps now Mexican leadership can focus on the real problems: drug cartels and rampant government corruption.”

AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio, a member of Gun Owners of America, and the director of global marketing for Lone Star Hunts. He was a Visiting Fellow at the Russell Kirk Center for Cultural Renewal in 2010 and has a Ph.D. in Military History. Follow him on Instagram: @awr_hawkins. You can sign up to get Down Range at breitbart.com/downrange. Reach him directly at awrhawkins@breitbart.com.