Smith & Wesson receives review from the US Supreme Court over a gun case in Mexico

Greg Stohr
| Bloomberg

The U.S. Supreme Court will consider a lawsuit filed in a U.S. court by the Mexican government, in which Smith & Wesson Brands Inc. is accused of facilitating the sale of firearms to people linked to the country’s violent drug cartels.

The justices said Friday they will hear the company’s claims that the lawsuit is statute-barred under a 2005 law that gives gun makers a broad liability shield. A federal appeals court had allowed the case to proceed.

The lawsuit originally named eight companies as defendants, but the judge said six gun manufacturers had insufficient ties to Massachusetts to pursue the case against them there. That ruling left Smith & Wesson and wholesaler Witmer Public Safety Group Inc. the only remaining defendants.

In ruling that the 2005 Protection of Lawful Commerce in Arms Act does not protect the companies, the Boston-based 1st U.S. Circuit Court of Appeals pointed to Mexico’s allegations that the gunmakers deliberately trade with suppliers for the cartels. The measure allows lawsuits against gun makers who knowingly violate firearms laws in a way that causes injury.

The case is Smith & Wesson Brands v. Estados Unidos Mexicanos, 23-1141.