US Appeals Court Revives Mexico’s $10 Billion Gun Trafficking Lawsuit (Insurance Journal)

US Appeals Court Revives Mexico’s $10 Billion Gun Trafficking Lawsuit

  Tuesday, January 23rd, 2024 Source: Insurance Journal

The 1st U.S. Circuit Court of Appeals in Boston has reignited a significant legal battle by reinstating Mexico’s $10 billion lawsuit against major American gun manufacturers. This lawsuit addresses the alleged role of these companies in facilitating the trafficking of firearms to drug cartels across the U.S.-Mexico border. The initial dismissal by a lower-court judge, citing the Protection of Lawful Commerce in Arms Act (PLCAA) which offers broad protection to the firearms industry from such lawsuits, was overturned.

Mexico’s argument hinges on the interpretation of the PLCAA, contending that the Act doesn’t protect manufacturers from liability over gun trafficking outside the U.S. Circuit Judge William Kayatta noted that Mexico’s lawsuit presents a plausible claim that is exempt from PLCAA’s general prohibition, focusing on the allegation of aiding and abetting illegal gun sales.

The lawsuit implicates several renowned manufacturers, including Smith & Wesson Brands, Sturm, Ruger & Co, Beretta USA, Barrett Firearms Manufacturing, Colt’s Manufacturing Co, and Glock Inc. Mexico claims that over 500,000 guns are annually trafficked from the U.S. into Mexico, contributing significantly to the country’s high rate of gun-related deaths and broader societal harms.

The reinstatement of this lawsuit marks an important step for Mexico in seeking accountability from the gun industry. It also highlights the cross-border implications of gun trafficking and the legal challenges in balancing the protection of lawful commerce with the need to address illegal activities.

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