(PatriotSpotlight.org) – On July 17 the U.S. Supreme Court revealed its plans to possibly review the attempted appeal of a $10 billion Mexican lawsuit against a slew of American gun makers. Smith & Wesson Brands Inc. v. Estados Unidos Mexicanos, will be considered via a private judicial conference this coming Sept. 30th.
Mexico posits that the U.S. manufacturers have aided surges in firearm crime`. Statistics suggest that up to 90 percent of guns located on Mexican crime scenes originated in the United States. Specifically, the lawsuit alleges that Mexico’s extensive issues with drug cartels are being fueled by American gunmakers. Advocates for gun control have claimed that this lawsuit is shining a much-needed spotlight on the U.S. role in global gun issues. Others complain that this lawsuit could contribute to attacks on Second Amendment rights by possibly bankrupting key firearms firms.
This ongoing legal battle kicked off in September 2022 after a Massachusetts-based U.S. District Judge threw the lawsuit out under the Protection of Lawful Commerce in Arms Act (PLCAA), passed in 2005. These federal rules were set up to help protect gun manufacturers from liability issues. In January, the First Circuit Court of Appeals reversed this decision, permitting Mexico’s lawsuit to continue. A panel of judges argued that Mexico had presented a plausible case that the gunmakers’ actions fell under an exception in the PLCAA. The harm suffered by Mexico due to the alleged deliberate facilitation of illegal firearm sales to cartels warranted a hearing in court.
Mexico, in a brief filed with the Supreme Court on July 3, maintained that the First Circuit’s decision was correct and that their lawsuit should be allowed to continue. “The gun companies design, market, distribute, and sell guns in ways they know routinely arm the drug cartels in Mexico,” the brief stated. On the other hand, Smith & Wesson and its co-petitioners argue that this lawsuit threatens the very foundation of the PLCAA. In their July 17 brief, they complained that Mexico was attempting to financially penalize the American firearms industry over” novel and far-fetched tort claims”.
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