Appeals Court Decision Comes As U.S.-Mexico Meet On Root Causes Of Migration
January 25, 2024—As President Biden faces pressure at home to stop the flow of irregular migration to the United States at the southern border, Mexico is drawing attention to one of the root causes: U.S.-made weapons in the hands of cartels.
Mexico’s Defense Department said this week drug cartels are armed with U.S.-made weapons intended for military use, such as grenade and rocket launchers and fully automatic machine guns. Mexico wants the weapons trafficking to stop. Furthermore, the government is demanding answers from the Biden administration.
“It is very urgent that an investigation into this be carried out,” Foreign Relations Secretary Alicia Bárcena said on Monday.
Mexico has the third largest number of gun-related deaths in the world despite having strong laws against gun ownership and sales. Recent estimates say about 150 cartels operate in Mexico, and they terrorize the country using U.S.-made weapons.
Mexico’s Case Against Gun Makers Goes Forward
The Mexican government’s position is gaining support.
On Monday, the U.S. Court of Appeals for the First Circuit in Boston delivered a major victory for Mexico’s civil case against U.S. gun manufacturers. Mexico’s lawyers say U.S. military-style weapons are “unlawfully trafficked” and marketed to cartels. As a result, gun makers cause instability and “massive injury” to the Mexican government and population. Mexico is seeking damages and injunctive relief requiring the gun makers to take certain actions, such as using safety features in weapons.
The appeals courts ruled that “Mexico’s complaint plausibly alleges a type of claim that is statutorily exempt” from U.S. immunity from lawsuits for gun makers. In other words, Mexico’s case can go forward even though U.S. law generally shields U.S. gun makers from responsibility, or liability, over the products’ impact.
Full Text of Appeals Court Decision
The lawsuit had stalled in 2022 when a lower court dismissed it.
Since Mexico first sued in 2021, the case has drawn significant attention. Several organizations, state Attorney Generals, and independent attorneys have filed amici curiae to the case. They include Global Action on Gun Violence, Mexican Activists, Scholars, and Victims, Law Enforcement Officers, as well as members of the U.S. Congress.
The Appeals Court reasoned the case could move forward because there was reasonable evidence of illegal trafficking. The civil case, which the GER covered in 2021, argued that U.S. gun makers deliberately “design, market, distribute, and sell guns in ways they know with virtual certainty will supply criminals in Mexico.”
Gun Makers Tried to Dismiss the Case
The defendants are 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.
They filed multiple motions to dismiss the case. Their arguments centered on jurisdiction and immunity under the Protection of Lawful Commerce in Arms Act. The 2005 law protects U.S. firearm makers from lawsuits to preserve U.S. citizens’ access to guns. But Mexico fought back.
While the appeals court held in favor of the gun makers that PLCAA’s immunity still applies in cases brought by foreign governments, other points favored Mexico’s case. For example, it noted immunity only applies to lawful commerce in arms. Violations of state or Federal law are not protected against lawsuits.
The appeals court decided that Mexico made a case that gun manufacturers broke the law.
The complaint makes a strong case that U.S. gun makers are “aiding and abetting the sale of firearms by dealers in knowing violation of relevant state and federal laws.” What’s more, Mexico says the manufacturers “design and market their guns in such a way as to make them attractive to the illegal market, and that they benefit financially as a result.”
The case now moves back to the district court.
Additional Source:
Associated Press, Mexico Military Weapons Drug Cartels United States
