Federal judge dismisses most of Mexico’s frivolous lawsuit against U.S. gun manufacturers

Mexico’s frivolous lawsuit against U.S. gun manufacturers would undoubtedly fail in court, and the first major collapse came Wednesday. U.S. District Judge Dennis Saylor dismissed most of the controversial case.

The Boston judge described the case’s connection to Massachusetts as “flimsy at best.”

It’s no secret that the southern neighbor has been plagued by rampant cartel violence and systemic corruption. Some officials have tried to shift the blame for the country’s rising crime onto American companies, with billions being sought in the 2021 lawsuit.

Mexico initially named six prominent gun manufacturers as defendants: Smith & Wesson, Beretta, Colt, Century Arms, Glock and Ruger. The government also targeted Boston-based wholesaler Interstate Arms, which uses five of the defendants to distribute their wares throughout the country.

The Mexican authorities targeted additional suspects, bringing the total to eight.

Saylor reigned in favor of six of the defendants, leaving only Smith & Wesson and wholesaler Witmer Public Safety Group.

Smith & Wesson has since moved to Tennessee.

The judge noted that the six companies removed from the lawsuit were not incorporated in Massachusetts. He further noted that Mexico has not provided evidence that weapons sold in the state caused harm to the nation.

The plaintiffs attempted to argue that it was statistically likely that firearms sold in Massachusetts crossed the southern border, but that was hardly evidence.

Most observers believed that the indiscriminate litigation would wither away because of the Protection of Lawful Commerce in Arms Act (PLCAA). The law, passed two decades ago, protects the gun industry from malicious legal actions designed to cause serious harm or even bankrupt companies.

PLCAA is not a general defense and manufacturers can be held liable for demonstrable misconduct. However, this was clearly not the case in the Mexican government’s lawsuit.

In September 2022, a district judge correctly ruled that the PLCAA blocks such actions against the industry. While this should have meant the case could not stand, a troubling appellate court ruling upheld the action.

Mexico appealed to the U.S. Court of Appeals for the First Circuit, where a three-judge panel found in favor of their case. The lawyers determined that the PLCAA had not expressly barred the plaintiffs’ claims and allowed the case to proceed.

After Wednesday’s ruling, Mexico’s Foreign Ministry told Reuters it would continue to pursue legal action against the six companies that were dismissed from the case and the two that remain. “This decision does not affect the legal proceedings against these two companies, nor does it release the other six companies from their responsibility.”

Steve Shadowen, an attorney for the plaintiffs, expressed dismay at the ruling and said Mexico would now determine whether to appeal the claims, refile them in another district or continue the legal action elsewhere.

Second Amendment advocates hailed the decision as both clear and satisfying. The National Shooting Sports Foundation (NSSF), the industry association, spoke out against the lawsuit and hoped the U.S. Supreme Court would dismiss the remaining cases.

Montana Attorney General Austin Knudsen (R) is a staunch defender of gun rights. After the rejection of most of the action, he told Breitbart News that Mexico’s focus on the U.S. gun industry is misplaced.

“I am glad the district court agreed with us. The Mexican government cannot use U.S. courts as a weapon to distract from Mexico’s own failed policies. Perhaps the Mexican leadership can now focus on the real problems: drug cartels and widespread government corruption.”

The plaintiffs alleged that more than half a million U.S.-made guns are smuggled across the border each year.

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