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Supreme Court Bars Mexico’s $10 Billion Lawsuit Against U.S. Gunmakers

Justice Elena Kagan found that Mexico’s claims failed the PLCAA’s requirement to plausibly allege that manufacturers knowingly abetted illegal arms deals

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FILE - The Supreme Court is seen on Capitol Hill in Washington, Dec. 17, 2024. (AP Photo/J. Scott Applewhite, File)
Members of the Supreme Court sit for a group photo following the recent addition of Associate Justice Ketanji Brown Jackson, at the Supreme Court building on Capitol Hill on Friday, Oct 07, 2022 in Washington, DC. Bottom row, from left, Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice of the United States John Roberts, Associate Justice Samuel Alito, and Associate Justice Elena Kagan. Top row, from left, Associate Justice Amy Coney Barrett, Associate Justice Neil Gorsuch, Associate Justice Brett Kavanaugh, and Associate Justice Ketanji Brown Jackson. (Jabin Botsford/The Washington Post via Getty)

Overview

  • In a unanimous 9-0 decision on June 5, the Supreme Court ruled the 2005 Protection of Lawful Commerce in Arms Act prevents Mexico from holding U.S. manufacturers liable for cartel violence.
  • The court held that to overcome the PLCAA’s immunity, a plaintiff must plausibly allege a gunmaker knowingly violated a state or federal statute in sale or marketing, which Mexico’s complaint did not.
  • Mexico filed its suit in 2021 against Smith & Wesson, Glock, Beretta and others, seeking roughly $10 billion in damages and court-ordered safety measures for U.S.-made firearms.
  • Gun rights advocates hailed the ruling as a victory for industry protections, while gun control groups and several state attorneys general had backed Mexico’s bid to challenge the immunity shield.
  • The Supreme Court vacated the 1st Circuit’s revival of the case and remanded it with instructions reflecting that Congress, not the courts, must amend liability rules for firearm makers.