Blog by Jesus Oliveros, Junior Associate
The U.S. Supreme Court is set to hear a landmark case in March 2025, where Mexico has sued major American gun manufacturers, arguing that they bear responsibility for the widespread gun violence fueled by firearms trafficked across the border.[1] This case represents the first instance of a foreign nation holding U.S. gunmakers accountable for violence occurring outside of the United States.[2]
Background
According to Mexico’s complaint, the majority of the 180,000 homicides involving guns in Mexico between 2007 and 2019 were committed with weapons trafficked from the United States, despite Mexico’s strict firearms laws.[3] The First Circuit described it as “virtually impossible” to obtain firearms in Mexico, noting that there is only one gun store and fewer than 50 permits are issued annually.[4] Mexico alleges that 70 to 90 percent of guns recovered at crime scenes in Mexico were trafficked from the United States, with defendants producing more than 68 percent of those guns.[5] The influx of smuggled U.S.-made weapons has not only exacerbated violence but has also negatively impacted Mexico by discouraging business investment and imposing substantial costs for healthcare, law enforcement, and military operations.[6]
In August 2021, Mexico filed suit against major gun manufacturers on the basis that their sales, marketing, and distribution strategies knowingly facilitate illegal gun trafficking into Mexico.[7] Mexico claims that the availability of these firearms has empowered drug cartels, exacerbating violence, weakening public institutions, and undermining the rule of law.[8] Seeking $10 billion in damages, Mexico argues that these companies have effectively aided and abetted illegal arms trafficking.[9]
PLCAA
The case primarily hinges on the Protection of Lawful Commerce in Arms Act (PLCAA), a 2005 U.S. law granting firearm manufacturers broad immunity from liability for crimes committed with their products.[10] However, Mexico relies on a key exception, which permits lawsuits if gun manufacturers knowingly violate laws governing firearm sales and if such violations are a proximate cause of harm.[11] Mexico argues that gunmakers deliberately market products attractive to criminal organizations and neglect red flags indicating illicit trafficking.[12]
Legal Proceedings
Initially dismissed in a federal district court in Massachusetts in 2021,[13] the case was revived by the First Circuit Court of Appeals, which ruled that Mexico’s claims plausibly fell within the exception that Mexico relied on.[14] The appellate court determined that Mexico had sufficiently alleged a causal link between gun manufacturers’ conduct and cartel violence.[15] Now, the Supreme Court must decide whether these claims can overcome PLCAA’s immunity protections.[16]
Broader Implications
The Court’s ruling could reshape both international law and corporate liability. A decision favoring Mexico might encourage foreign governments to bring similar claims against U.S. industries, particularly in cases where American products contribute to cross-border harm.[17] It could also prompt greater regulation of firearm exports and marketing practices.[18] Conversely, a ruling upholding PLCAA’s immunity could further insulate gun manufacturers from lawsuits, reinforcing their legal protections under U.S. law.[19]
[1] Scott Bomboy, Supreme Court to Hear Mexico Lawsuit Against U.S. Gunmakers, Nᴀᴛ’ʟ Cᴏɴsᴛ. Cᴛʀ. (Feb. 17, 2025), https://constitutioncenter.org/blog/supreme-court-to-hear-mexico-lawsuit-against-u-s-gunmakers.
[2] Press Release, Secretaría de Relaciones Exteriores [Mexican Ministry of Foreign Affairs], Mexican Government Wins Appeal in U.S. Court in Lawsuit Against Gun Manufacturers and Distributors, Press Release No. 32 (Jan. 22, 2024).
[3] John Kruzel, US Supreme Court to hear challenge to Mexico’s suit against American gun companies, Rᴇᴜᴛᴇʀs (Oct. 4, 2024 3:04 PM), https://www.reuters.com/legal/us-supreme-court-hear-challenge-mexicos-suit-against-american-gun-companies-2024-10-04/.
[4] Estados Unidos Mexicanos v. Smith & Wesson Brands, Inc., 91 F.4th 511, 516 (1st Cir. 2024).
[5] Id.
[6] Kruzel, supra note 3.
[7] Estados Unidos Mexicanos v. Smith & Wesson Brands, Inc., 633 F.Supp.3d 425, 431 (D. Ma. 2021).
[8] Kruzel, supra note 3.
[9] Nate Raymond, US appeals court revives Mexico’s $10 bln lawsuit against gun makers, Rᴇᴜᴛᴇʀs (Jan. 22, 2024 7:02 PM), https://www.reuters.com/world/us/us-appeals-court-revives-mexicos-10-billion-lawsuit-against-gun-makers-2024-01-22/.
[10] See 15 U.S.C. § 7903(5)(A) (defining the scope of immunity provided to firearm manufacturers and sellers).
[11] Bomboy, supra note 1.
[12] Kruzel, supra note 3.
[13] Estados Unidos Mexicanos, 633 F.Supp.3d at 431.
[14] Estados Unidos Mexicanos, 91 F.4th at 531 (“The complaint adequately alleges that defendants make deliberate design and distribution choices to facilitate the illegal trafficking of their guns to Mexico.”).
[15] Id. at 534 (“Mexico’s claim of proximate cause is straightforward: defendants aid and abet the trafficking of guns to the Mexican drug cartels, and this trafficking has foreseeably required the Mexican government to incur significant costs in response to the increased threats and violence accompanying drug cartels armed with an arsenal of military-grade weapons.”).
[16] Bomboy, supra note 1.
[17] Chad Lawhorn, Mexican Lawsuit Against U.S. Gun Firms to Proceed, Aʀᴍs Cᴏɴᴛʀᴏʟ Ass’ɴ (Mar. 2024), https://www.armscontrol.org/act/2024-03/news/mexican-lawsuit-against-us-gun-firms-proceed.
[18] Kelsey Reichmann, Fight to rein in US guns goes international at SCOTUS, Cᴏᴜʀᴛʜᴏᴜsᴇ Nᴇᴡs Sᴇʀᴠ. (Feb. 27, 2025), https://www.courthousenews.com/fight-to-rein-in-us-guns-goes-international-at-scotus/.
[19] See Schuyler Mitchell, The Gun Industry Is Beginning to Lose Immunity From the Violence It Fuels, Tʀᴜᴛʜᴏᴜᴛ, https://truthout.org/articles/the-gun-industry-is-beginning-to-lose-immunity-from-the-violence-it-fuels/ (noting that PLCAA has long provided sweeping legal immunity to gun manufacturers, shielding them from most lawsuits related to firearm violence).