La Jornada – EU: Arms makers to ask court to reject Mexico’s lawsuit

Boston. The US Arms manufacturers plan to ask the Supreme Court to uphold their effort to block a $10 billion lawsuit from the Mexican government, which seeks to hold them accountable for allegedly facilitating cross-border arms trafficking to drug cartels.

The proposed appeal was announced Friday in a virtual court hearing by attorneys for the Smith & Wesson brands, overturning a judge’s ruling that dismissed the case last month by the Boston-based U.S. Court of Appeals for the First Circuit.

Mexico alleged in a lawsuit filed in 2021 that the companies violated its strict gun laws by supporting drug cartels in the Latin American country by designing, marketing and distributing military-style assault weapons that facilitate murder, extortion and kidnapping.

The Mexican government says more than 500,000 guns are trafficked into Mexico annually from the United States, more than 68 percent of which are made by the eight companies involved in the case, including Sturm, Ruger & Co., Beretta USA, Barrett. Firearms Manufacturing, Colts Manufacturing Co and Glock Inc.

Mexico argued that smuggling contributed to high rates of gun-related deaths, reduced investment and economic activity, and the need to spend more on public security. The companies deny the allegations.

Andrew Lelling, a lawyer for Smith & Wesson, said at Friday’s hearing that there was a “reasonably good chance” the Supreme Court would agree to hear their appeal and asked District Judge Dennis Saylor to put the case on hold until the justices make a decision. request

Lelling added that the appeal will focus on whether Mexico’s claims are barred by a federal gun trade law known as the PLCAA, which gives manufacturers broad protection against lawsuits over misuse of their products.

“This case involves a statute specifically designed to allow this particular group of defendants to avoid the costs of litigation if the case in question falls within the scope of the statute,” he maintained. “The same issue is still under discussion.”

The First Circuit Court ruled on Jan. 22 that while the federal law may apply to claims in other countries, Mexico’s case “plausibly presents a type of claim that is legally exempt from the PLCAA’s general prohibition.”

Saylor said Friday that he had “some reservations” about staying the case entirely pending an appeal to the Supreme Court. However, he did not take any decision and said that he will take a decision on the matter on March 12.