SCOTUS rejects Mexico's suit against US gun-makers, sees problems with aiding-and-abetting theory
Some of the guns and ammunition turned over to the Mexican government as part of a disarmament program in January may have originated in the United States. (Photo by Luis Barron/Eyepix Group/Sipa USA/Sipa via the Associated Press)
The U.S. Supreme Court ruled unanimously Thursday that Mexico cannot sue U.S. gun companies for aiding the flow of guns to drug cartels because its factual allegations fell short.
Mexico’s allegations weren’t sufficient to establish an exemption to a federal law that shields gun companies from civil liability for crimes committed with their products, wrote Justice Elena Kagan in her June 5 opinion for the high court.
The Protection of Lawful Commerce in Arms Act allows civil liability in this circumstance: when a gun-maker or a seller knowingly violates state or federal laws on the sale or marketing of guns, and that violation causes the harm. Mexico had alleged that its lawsuit qualified for the exemption because the gun companies aided and abetted lawbreaking by others.
Kagan’s opinion acknowledged that Mexico “has a severe gun violence problem” despite the fact that it has only one gun store and “issues fewer than 50 gun permits each year.”
The problem, Mexico said, comes from gun traffickers bringing guns into Mexico from the United States. U.S. gun-makers sell to wholesale distributors that supply guns to “bad apple” retail dealers that illegally sale to gun traffickers, Mexico argued. In addition, gun-makers have increased production of military-style assault weapons hoping to cultivate the criminal market, Mexico claimed.
But those allegations don’t meet the aiding-and-abetting requirement for “conscious … and culpable participation in another’s wrongdoing,” Kagan said. In addition, “Mexico never confronts that the manufacturers do not directly supply any dealers, bad-apple or otherwise. They instead sell firearms to middlemen distributors, whom Mexico has never claimed lack independence.”
Nor did Mexico qualify for the exception based on gun-makers’ increased production of assault weapons, Kagan said. Assault weapons “are both widely legal and bought by many ordinary consumers,” Kagan wrote. “The manufacturers cannot be charged with assisting in criminal acts just because Mexican cartel members like those guns too.”
Justice Clarence Thomas wrote a concurrence joined by Justice Neil Gorsuch. Justice Ketanji Brown Jackson also filed a concurrence.
Global Action on Gun Violence, a nonprofit organization, was co-counsel representing Mexico in the case, according to a June 5 press release.
Jonathan Lowy, the group’s founder and president, said the decision “made clear that the door to accountability for the gun industry is not shut, and we look forward to working with Mexico further to stop the crime gun pipeline that makes Mexicans and Americans less safe.”
A second suit that Mexico filed against five Arizona gun dealers is pending.
Noel J. Francisco, a Jones Day partner and former U.S. solicitor general during President Donald Trump’s first term, argued the case for Smith & Wesson. He said in a statement they are pleased with the unanimous decision, which vindicates the core purpose of the Protection of Lawful Commerce in Arms Act to protect the gun industry from liability for the misuse of its products.
“Our client makes a legal, constitutionally protected product that millions of Americans buy and use, and we are gratified that the Supreme Court agreed that we are not legally responsible for criminals misusing that product to hurt people, much less smuggling it to Mexico to be used by drug cartels,” he said.
The case is Smith & Wesson Brands Inc. v. Estados Unidos Mexicanos.
Hat tip to SCOTUSblog, which had early coverage of the decision.
See also:
Supreme Court appears likely to rule against Mexico in suit against gun-makers for cartel violence
Cutting Off the Cartels: Mexico takes aim at US gun manufacturers before the Supreme Court
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