US judge dismisses large part of Mexican lawsuit against US arms manufacturers

A U.S. judge on Wednesday dismissed much of Mexico’s $10 billion lawsuit seeking to hold U.S. gun manufacturers accountable for facilitating the trafficking of firearms to violent drug cartels across the U.S.-Mexico border.

U.S. District Judge Dennis Saylor in Boston has dismissed claims against six of the eight companies Mexico sued in 2021, including Sturm, Ruger and Glock. Saylor called their connection to Massachusetts, where the case was filed, “flimsy at best.”

Mexico’s Foreign Ministry responded by saying it would continue legal action against the six companies and that it was considering appealing or turning to other U.S. courts.

“This decision has no consequences for the legal proceedings against these two companies and does not relieve the other six companies of their responsibility,” the ministry told Reuters.

The two remaining defendants are Smith & Wesson Brands, which announced in 2021 that it was moving from Massachusetts to Tennessee due to gun regulations, and wholesaler Witmer Public Safety Group.

Saylor argued in his ruling that none of the six companies were incorporated in Massachusetts and that Mexico had failed to show that the firearms sold in Massachusetts caused harm.

Mexico argued it was statistically likely that some of the firearms sold in Massachusetts were ultimately smuggled illegally into Mexico, but Saylor said the country did not have sufficient evidence to establish jurisdiction.

Other companies not involved in the case included Barrett Firearms Manufacturing, Colt’s Manufacturing, a division of Colt CZ Group, Century International Arms and Beretta.

Lawrence Keane, general counsel for the National Shooting Sports Foundation, an industry association, welcomed Saylor’s decision to reject Mexico’s “clear forum shopping.” He expressed optimism that the U.S. Supreme Court would dismiss the rest of the case.

In April, the companies asked the Supreme Court to review a federal appeals court ruling that found the case qualified for an exception to the Protection of Lawful Commerce in Arms Act, which gives the firearms industry broad protections from lawsuits over misuse of their products.

Steve Shadowen, a lawyer representing Mexico, said the country was disappointed with the decision and was considering appealing the rejected claims, refiling them in other courts or pursuing other legal options.

Mexico accused the gun manufacturers of undermining its strict gun laws by designing, marketing and distributing military-style assault weapons in ways they knew would arm drug cartels and fuel assassinations, extortion and kidnappings.

The country said more than 500,000 guns are smuggled into Mexico from the United States each year, with more than 68 percent of those manufactured by companies it has sued.

Mexico says smuggling has contributed to a high number of firearm-related deaths, a decline in investment and economic activity, and the need to spend more on law enforcement and public safety.