WASHINGTON – On Friday, the Supreme Court announced it will determine if Mexico can pursue legal action against U.S. gun manufacturers for the violence instigated by drug cartels in Mexico.

Mexico is aiming for billions in compensation and stricter gun control in this groundbreaking lawsuit, which is the first of its kind initiated by a nation against the gun industry.

The central question in the Supreme Court is whether federal laws shield gun manufacturers and retailers from being held liable when their products are utilized for criminal acts. Specifically, does this legislation hinder Mexico’s ability to sue U.S. companies?

A federal district court had determined in 2022 that such laws do offer protection; however, the 1st U.S. Circuit Court of Appeals in Boston allowed the lawsuit to proceed.

In January, the appeals court indicated that the Protection of Lawful Commerce in Arms Act only applies to “lawful” activities. They noted that Mexico “adequately alleges that defendants facilitated and accelerated the knowingly illegal trafficking of their firearms into Mexico,” but emphasized that these claims must still be validated in court.

Smith & Wesson and the wholesaler Witmer Public Safety Group have requested the Supreme Court to review the lower court’s decision.

In August, a judge in Boston dismissed Mexico’s allegations against six other entities included in the suit, explaining that those companies are not located in Massachusetts. The judge further stated that Mexico had failed to demonstrate that any firearms sold by those companies in Massachusetts were illegally trafficked into Mexico.

Mexico reports that between 70% and 90% of firearms found at crime scenes are believed to have been illegally smuggled in from the United States.

Buying a gun in Mexico is much tougher than in the U.S.

In contrast to the U.S., gun purchase regulations in Mexico are vastly more stringent. Legal firearm purchases can only be made at two stores nationwide, and acquiring a gun requires months of administrative processes and paperwork. Consequently, most gun-related crimes are committed using smuggled weapons from the U.S.

According to Mexico, U.S. gun manufacturers are aware of the smuggling operations. The companies continue to provide certain distributors with firearms, which are then funneled to “straw buyers” who sell them in bulk to cartels, claims the lawsuit. Additionally, Mexico argues that these manufacturers create military-style weapons that are particularly desirable to cartels and facilitate the removal of identification numbers.

Drawing a comparison: Gun makers vs. Budweiser accountability for underage sales

Attorneys representing Smith & Wesson contend that Mexico is attempting to exploit the U.S. legal system to financially cripple the American firearm industry with an “inventive and implausible” legal argument.

The gunmakers argue they should not be held accountable for the actions of their distributors, similar to how Budweiser is not liable when its beer is sold to minors by liquor stores.

They stated in their filing, “By treating a passive failure to prevent subsequent crimes as ‘aiding and abetting,’ Mexico is poised to criminalize the standard production and distribution of firearms – as well as any other lawful goods that might be misused by criminals.”