NSSF commends SCOTUS’ decision to review Mexico’s baseless $10 billion lawsuit against firearms manufacturers • NSSF

October 4, 2024

WASHINGTON, DC — NSSF®, The Firearm Industry Trade Association, commended the U.S. Supreme Court’s decision to grant Smith & Wesson’s petition Estados Unidos Mexicanos v. Smith & Wesson Brands, Inc., et al., Mexico’s frivolous $10 billion lawsuit against American firearms manufacturers seeking to blame them for the damage caused by lawless narco-terrorist drug cartels in Mexico. The Mexican lawsuit also aims to dictate how firearms are made and sold in the United States through a federal court order, essentially taking over the role of Congress and 50 state legislatures. NSSF has submitted an application amicus brief earlier this year in support of the Supreme Court’s upholding of the case, arguing that the flawed decision by the U.S. Court of Appeals for the First Circuit “blows a gaping hole in the PLCAA and rolls out the red carpet for a foreign government that intends to prejudice the Second Circuit.” Amendment.” The U.S. Supreme Court will now set a briefing schedule and hear oral arguments, likely early in the new year.

“Today’s announcement by the U.S. Supreme Court that they are granting Smith & Wesson’s petition to hear Mexico’s frivolous $10 billion lawsuit against legitimate U.S. firearms manufacturers is welcome news for the entire firearms industry. The lawsuit in Mexico aims to blame legal U.S. firearms companies for the violence in Mexico perpetrated by Mexican narco-terrorist drug cartels that is impacting innocent Mexican lives. It is not the fault of American firearms companies that follow strict laws and regulations to legally produce and sell legal products,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “This case represents exactly why Congress passed and President George W. Bush passed the bipartisan Protection of Lawful Commerce in Arms Act (PLCAA). The case was properly dismissed by a federal judge due to the First Circuit Court of Appeals’ erroneous ruling earlier this year, reversing the district court’s order and reinstating the case. Legal U.S. firearms manufacturers follow U.S. laws to make and sell legal and constitutionally protected products. The Mexican government should instead focus on bringing Mexican criminals to justice in Mexican courtrooms.”

Mexico claims that U.S. firearms manufacturers are liable for the criminal violence perpetuated by narco-terrorist drug cartels by refusing to implement gun control restrictions beyond what the law requires for the strictly regulated production and sale of firearms. A U.S. district court in Massachusetts dismissed the case, ruling that the claims were dismissed by the PLCAA. However, the U.S. Court of Appeals for the First Circuit revived Mexico’s appeal case earlier this year. The First Circuit held that Mexico’s claims alleging that the defendants knew that their regular business practices contributed to the illegal trade in firearms fit within a limited exception to the PLCAA. Smith & Wesson Brands, Inc., et al., the petitioners, argue that the First Circuit erred when it reversed the lower court’s decision to dismiss the case. The petitioners also noted that the First Circuit’s decision to grant an exception to the PLCAA fails because there is no evidence that U.S. firearms manufacturers violated federal laws against aiding and abetting firearms trafficking. The petitioners explained to the Supreme Court that Mexico’s complaint “fails to identify any product, policy, or action of the U.S. firearms industry that is intentionally designed to facilitate the unlawful activities of Mexican drug cartels.”

NSSFs amicus brief concluded by urging Supreme Court action and pointing out that the First Circuit’s decision to reinstate the case was erroneous because it is “… emblematic of a recent trend of anti-gun governments (and courts) acting on mendacious wisely circumvent the PLCAA and use the resulting threat of bankruptcy—inciting tort liability to destroy a legal industry essential to the exercise of a fundamental constitutional right. The intervention of this Court is absolutely necessary.”

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About NSSF
NSSF is the trade association for the firearms industry. Its mission is to promote, protect and preserve hunting and shooting sports. Founded in 1961, NSSF has members from thousands of manufacturers, distributors, firearms retailers, shooting ranges, sportsmen’s organizations and publishers across the country. For more information, visit nssf.org.

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Media contact:
Mark Oliva
202-220-1340