Supreme Court Unanimously Rejects Mexico’s $10 Billion Lawsuit Against U.S. Gunmakers

The U.S. Supreme Court unanimously tossed out Mexico’s 2021 lawsuit against seven U.S. gunmakers and one wholesaler, ruling that firms like Smith & Wesson and Glock are shielded from liability under the federal Protection of Lawful Commerce in Arms Act (PLCAA).

Mexico’s lawsuit accused U.S. gunmakers of knowingly enabling illegal firearm sales to dealers linked to drug cartels, fueling cartel violence. The government sought $10 billion in damages and a court order imposing stricter rules on the marketing and distribution of firearms.

Mexico attempted to use PLCAA’s narrow “predicate exception,” claiming the gunmakers knowingly violated federal firearms laws by aiding and abetting illegal sales by U.S. dealers.

Here’s the Supreme Court’s rationale that went into their unanimous decision: 

• The Court, led by Justice Elena Kagan, found that Mexico’s complaint did not plausibly allege that the manufacturers took deliberate, affirmative steps to facilitate crimes — a requirement for aiding and abetting liability.

• Allegations that manufacturers failed to monitor dealers or cut off suspected “bad apple” dealers were deemed insufficient. Passive nonfeasance or general market activity does not amount to aiding and abetting.

• Design and marketing choices (e.g., Spanish-language branding, military-style weapons) were not enough to imply culpability under U.S. law.

Justice Elena Kagan, writing for the majority, acknowledged rampant cartel violent crime, but found that Mexico failed to present allegations strong enough to overcome PLCAA’s liability shield, rejecting claims that the gunmakers aided and abetted illegal firearm sales.

“The question presented is whether Mexico’s complaint plausibly pleads that conduct. We conclude it does not,” Kagan wrote.

Meanwhile, Democrats in Congress have introduced legislation intended to reduce the flow of guns across the border. Yet Democrats facilitated four years of disastrous open borders under the Biden-Harris regime era… 

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Read the Supreme Court’s ruling.