Judge protects US arms companies from ‘subtle’ $10 billion lawsuit

EL PASO, Texas (Border Report) – The Mexican government says it is considering its options after a federal judge in Boston removed six defendants from a $10 billion lawsuit against gun manufacturers whose weapons were illegally traded in Mexico.

U.S. District Judge Dennis Saylor on Wednesday ruled in favor of a request by the six defendants to dismiss them from the lawsuit based on a lack of personal jurisdiction.

“As to those defendants, this case’s connection to Massachusetts is tenuous at best,” Saylor wrote in his decision. “Mexico is clearly not a citizen of Massachusetts. None of the six defendants are domiciled in Massachusetts. … None of the alleged injuries occurred in Massachusetts, and plaintiff has not identified a specific firearm sold in Massachusetts that caused injuries in Mexico.”

The excluded defendants are: Barrett Firearms, Beretta USA, Century International Arms, Colt, Glock and Sturm, Ruger & Co.

Mexico’s Foreign Ministry said it was considering whether to appeal the decision by the U.S. District Court for the District of Massachusetts or take the case to another federal court. It stressed that this did not mean Mexico had lost the entire case.

“Mexico’s lawsuit in Boston continues against two companies: Smith & Wesson and Interstate Arms. This decision has no impact on the case against these two companies and does not exclude the other six companies from civil liability,” the department tweeted.

Mexico sued U.S. gun manufacturers in August 2021 for designing, marketing, distributing and selling firearms that end up in the hands of drug cartels. The gun manufacturers’ negligence allows the cartels to use those weapons to commit violence in a country with very strict gun regulations, the Mexican government alleges.

The lawsuit has been an uphill battle from the start over the 2005 Protection of Lawful Commerce in Arms Act (PLCAA). However, Mexico claims that exceptions in the law apply in this case.

Saylor dismissed the lawsuit in 2022, but Mexico obtained a stay from the U.S. Court of Appeals and the case was remanded to the lower court.

Mexico has filed a separate lawsuit against a handful of gun stores in Arizona, which is still ongoing.