Legal victory for Mexico: An appeals court confirms it can sue arms manufacturers in the United States

Mexico may sue arms manufacturers in the United States. This Monday was a decision by the First Circuit Court of Appeals, which ruled in favor of the Mexican government and revived the case brought against some of the most important names in the arms industry of its neighboring country. The matter now returns to the Massachusetts court, which dismissed the lawsuit in September 2022, to be reviewed again. “Great news,” celebrated Alicia Barcena, the secretary of foreign affairs.

A major obstacle to the Mexican cause is the Protection of Legal Commerce in Arms Act (PLCAA), George W. There is a law promoted during the Bush administration that protects the firearms industry from any lawsuits arising from the misuse of their products. That legal shield and the immunity it gives to weapons manufacturers was the argument used to get the case dismissed in the first instance in a Massachusetts court. On this occasion, an appeals court ruled that a lawsuit filed by Mexican authorities against six gun shops and a weapons distributor argued why immunity did not apply in this case.

“Therefore, we reverse the ruling issued by the District Court that the PLCAA prevents Mexico from presenting its claim and we request that the judicial process be reopened,” reads the ruling, which EL PAÍS has access to. The verdict is historic. This is the first time an appeals court has ruled in this regard since the 2005 law granting immunity to gun shops went into effect. and to prevent arms trafficking to cartels,” Jonathan Lowy, one of the lawyers representing the Mexican government, said in a statement.

The list of companies sued by Mexico includes Smith & Wesson, Barrett, Beretta, Glock, Colts and Ruger, the most popular weapons manufacturers among Mexican cartels. The Mexican government accuses them of negligent business practices: it asserts that they have deliberate marketing and product design strategies to be attractive to criminal groups and to profit from illegal trafficking. While drugs move from south to north, guns move in the opposite direction. According to the lawsuit, the defendant companies manufacture 68% of the millions of guns illegally entering the country each year.

The case against the arms manufacturers was forged during the administration of Marcelo Ebrard at the Ministry of Foreign Affairs. Gun shops were intended to be docked for the first time so they could respond to the wave of violence that has plagued the Latin American country. The lawsuit, dated August 2021, was originally filed against 11 companies. In order for the Mexican government to prove that it has legal personality to carry out the process in the United States or that its effects affect Mexico, several legal hurdles have to be overcome before the facts claimed can be judged by US courts. . Mexican authorities are seeking compensation for damages that will be defined by the court, but could reach 2% of Mexico’s GDP, diplomatic sources told this newspaper more than two years ago.

“It’s a big step,” said Ebrard, who left his post as foreign minister in June last year to seek the presidential candidacy of Morena, the ruling party. Barcena, his successor in office, this Monday called on US authorities to further investigate the trafficking of arms to Mexico for the exclusive use of the US Army. The issue has become a constant on the bilateral negotiating table and in diplomatic meetings between the two countries, such as the ministerial meeting held by the two governments in Washington last week. On the legal front, the battle returns to Massachusetts, a process expected to last several years.