Lawsuit Sheds Light On Gun Sales And Criminal Cartels
August 5, 2021–The government of Mexico filed a personal injury lawsuit against 10 U.S. gun manufacturers yesterday. It’s significant that the lawsuit accuses U.S. gun manufacturers of knowingly and willingly selling their products to criminals.
“The flow of guns from Defendants’ U.S. manufacturing plants and stores to the streets of Mexico is not an inevitable, natural phenomenon like the migration of monarch butterflies,” the lawsuit says. “The flow of guns into Mexico is a foreseeable result of Defendants’ deliberate and knowing decisions to design, market, distribute, and sell guns in ways they know with virtual certainty will supply criminals in Mexico.”
10 Defendants Named
The defendants include Smith & Wesson Brands, Barrett Firearms Manufacturing, Inc., Beretta USA Corp., Baretta Holdings SPA, Colt’s Manufacturing Co., Glock, Inc., Glock Ges.m.b.H, Sturm Ruger & Co., Inc., Witmer Public Safety Group, Inc., and Century International Arms, Inc.
Mexico’s Government
The Mexican government released a press release saying the lawsuit is part of a broader strategy to fight organized crime and armed violence. It said the focus is on combatting illicit trafficking of arms from the United States to Mexico. According to their statement, “Criminal organizations on both sides of the border buy thousands of pistols, rifles, assault weapons and ammunition in supermarkets, on the Internet, arms fairs and traffickers” to commit crimes in Mexico.
“Many of our problems in terms of violence are caused by the illegal use and introduction of weapons into our country,” Mexican Senator Ricardo Monreal said.
Compensation and Actions
The Mexican government is asking Defendants to pay damages, civil penalties, restitution and disgorgement of their profits, punitive damages, and the cost of the lawsuit. It is also asking for new standards to prevent cross-border illegal sales.
The lawsuit says that due to the Defendants’ “unconscionable conduct,” the Mexican government has suffered “extensive economic losses” and has faced “significant expenses for police, emergency, health, prosecution, corrections, and other services.”
Case Details
The type of lawsuit is classified as a personal injury action, which is primarily based on personal injury or death caused by negligence or intentional misconduct.
Hilliard Shadowen Attorney Richard M. Brunell is representing the case for Mexico. The firm has previously represented families in Mexico who lost relatives due to shootings by U.S. Border Patrol agents at the U.S.-Mexican border. Brunell filed the case in the U. S. District Court, District of Massachusetts. The court assigned Chief Judge F. Dennis Saylor, IV to the case. The case number is 21-cv-11269-FDS.
The case is significant not only to U.S.-Mexico relations. It is likely to shed light on the inner workings of the gun-sale business and the laws about gun sales in both countries. Furthermore, it could provide insight into the criminal cartels operating in and around Mexico.
The 139-page lawsuit is available here.
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An update on this story is coming June 6, 2022.