The Mexican government categorically rejected the U.S. Supreme Court’s decision to dismiss the lawsuit filed against American gun manufacturers, which sought to hold them accountable for the illicit trafficking of firearms into Mexico.
The Ministry of Foreign Relations (SRE) said on Thursday that it will continue its legal and diplomatic fight against the flow of weapons that fuels violence in the country.
The U.S. Supreme Court held that the Protection of Lawful Commerce in Arms Act (PLCAA) grants immunity to gun manufacturers, stating that there was no proof the companies “aided or abetted” the illicit trafficking of weapons.
The court did not address the second argument presented by Mexico’s legal team: the issue of “proximate cause,” which refers to the direct connection between the companies’ actions and the resulting violence in Mexico.
With this ruling, the Supreme Court overturns a previous decision by the First Circuit Court of Appeals, which had supported Mexico’s initial arguments and allowed the case to move forward. The case will now return to the District Court in Boston to continue proceedings under this new judicial guidance.
A Landmark Lawsuit
The lawsuit, filed by Mexico in August 2021, accused manufacturers such as Smith & Wesson and Glock of gross negligence for failing to control the distribution of their firearms, thereby facilitating their trafficking to Mexican cartels.
In January 2024, the Court of Appeals determined there was sufficient grounds to argue that these companies had “aided and abetted” the illicit flow of weapons into Mexico.
In an official statement, the SRE lamented the Supreme Court’s decision and reaffirmed its commitment to using all available legal and diplomatic tools to stop the flow of firearms fueling criminal violence.
“Mexico has presented solid arguments demonstrating the harm gun manufacturers cause to our country,” the Ministry emphasized.
It is worth noting that the Supreme Court’s decision does not affect a second lawsuit filed by Mexico in 2022 in a court in Tucson, Arizona, this time against five firearms retailers.
That case, currently in the evidence-gathering phase, is part of a broader legal strategy to hold not only manufacturers but also negligent sellers accountable.
Mexico’s legal offensive has brought international attention to the impact of gun trafficking from the United States on its internal security. The country has raised the issue in multilateral forums such as the UN Security Council, where in 2021 it promoted Resolution 2616, aimed at combating the illicit trade in small arms and light weapons.
An advisory opinion from the Inter-American Court of Human Rights is also pending, which could establish international standards for state and corporate responsibility in cases of cross-border gun violence.
A Shared Gun Crisis
Each year, more than half a million firearms are smuggled illegally from the United States into Mexico, according to estimates by civil society organizations and binational agencies. Most end up in the hands of criminal organizations operating with military-grade weaponry. According to SRE data, 70% of the firearms used in violent crimes in Mexico come from the United States.
The Mexican government has insisted that without shared responsibility from its northern neighbor to regulate and supervise gun sales, violence and impunity will continue to proliferate on both sides of the border.
Mexican Press Agency is part of ALMA, which is dedicated to news and information about Mexico and Mexicans in the United States and is a fiscally sponsored project of Social Focus, a 501(c)(3) nonprofit organization based in Redwood City, California.
