On Friday, the U.S. Supreme Court agreed to hear a case brought by U.S. gun manufacturer Smith & Wesson and firearms wholesaler Interstate Arms, both of whom are seeking to dismiss Mexico’s lawsuit. The lawsuit accuses them of facilitating illegal firearms trafficking to Mexican drug cartels.
The companies appealed after a lower court denied their request to throw out the case.
Mexico initially filed the lawsuit in federal court in Boston in 2021, arguing that the gun manufacturers contributed to violence in Mexico by allowing their firearms to be trafficked into the country.
The suit claims the companies violated state laws and fueled an “epidemic of violence” through their actions.
Though Mexico originally sued seven U.S. gun manufacturers, including Beretta, Glock, and Ruger, only Smith & Wesson and Interstate Arms remain as defendants after the other companies were dismissed on procedural grounds.
The lawsuit alleges that the gun companies knowingly maintained a supply chain that allowed firearms to reach Mexican cartels and unlawfully marketed their products by associating them with military use.
The estimated value of illegally trafficked guns into Mexico exceeds $250 million annually, and Mexico seeks monetary damages, potentially in the billions, along with court-mandated measures to curb the problem.
The gun companies argue that they are protected by the 2005 Protection of Lawful Commerce in Arms Act, which shields gun manufacturers from liability for crimes committed with their products.
While a federal judge initially dismissed the case, the Boston-based 1st U.S. Circuit Court of Appeals reversed the decision, allowing the lawsuit to proceed. The Supreme Court is expected to hear the case in its upcoming term.
