The United States Supreme Court will hear a significant lawsuit filed by Mexico against several American gun manufacturers, with a hearing scheduled for March 4. The case arises during a period of strained diplomatic relations between the two nations, highlighted by recent U.S. actions against Mexican drug cartels. Mexico accuses the manufacturers of negligence, public nuisance, and unjust enrichment, alleging their weapons end up in the hands of drug cartels within its borders.
In 2021, the Mexican government initiated legal action, demanding compensation for the economic and social harm caused by armed violence fueled by these firearms. A 2024 report from the U.S. Bureau of Alcohol, Tobacco, and Firearms found that 72% of international gun trafficking cases originating in the U.S. were destined for Mexico. Mexican authorities have previously claimed that a significant portion of guns recovered from crime scenes in Mexico originate from the United States.
The manufacturers have challenged Mexico's allegations, arguing they did not aid or abet illegal gun sales, which would violate U.S. federal law. They cite the Protection of Lawful Commerce in Arms Act, which generally protects firearms manufacturers and distributors from civil liability when their products are used unlawfully by others. In a November 2024 brief, the manufacturers referenced a Supreme Court ruling that shielded Twitter from a lawsuit over alleged terrorism support as a precedent for their defense.
"In its zeal to attack the firearms industry, Mexico seeks to raze bedrock principles of American law that safeguard the whole economy," stated the manufacturers.
Mexico's legal actions are not limited to this lawsuit. In October 2022, they filed another lawsuit in Arizona against five gun stores, currently in the evidence-gathering phase. Meanwhile, tensions escalated as the U.S. recently designated six Mexican drug cartels as terrorist organizations, a move Mexican President Claudia Sheinbaum warned could threaten Mexican sovereignty.
Claudia Sheinbaum emphasized that "any national or foreigner involved in the illicit manufacture, distribution, disposal, transfer and internment of weapons into [Mexico’s] national territory" poses a threat.
The Supreme Court agreed to review a federal appeals court ruling that revived Mexico's case after a lower court had dismissed it. This legal battle could set an essential precedent for future litigation involving international disputes over gun trafficking.
Pablo Arrocha remarked, "This is the beginning, and this is the tip of the spear of something that can allow for much broader litigation strategies in the future."
Arrocha also noted, "This case is going through a stage where questions of admissibility will still be reviewed, not of substance."
