The National Rifle Association (NRA) last week filed an important amicus brief with the U.S. Supreme Court concerning the ongoing effort by the Mexican government to blame U.S. gun manufacturers for their internal woes.

The NRA brief argued that the lawsuit is exactly the kind that federal law already prohibits. It is not structured to right a wrong but merely to punish and possibly drive weapons manufacturers out of operation.

The veteran gun rights organization told the court that Mexico’s homicide rate decreased after the so-called “assault weapons” ban expired. The NRA noted that only a tiny total of Mexican homicides are committed with weapons originating in the U.S. and that guns pour into the beleaguered nation from across the globe.

Further, the blame for the nation’s instability rests with its government’s failure to control drug cartels.

Mexico’s position, as would be expected, is notably different.

Smith & Wesson Brands Inc. v. Estados Unidos Mexicanos charges that the American weapons industry is somehow liable for Mexican drug cartel violence. The plaintiffs seek billions in damages, which would severely damage or even destroy venerable companies engaged in Second Amendment-protected business.

Then there are the thousands of jobs that would be lost.

Amazingly, the Mexican government seeks much more than billions in compensation for their own lack of control. Officials also demand that “assault weapons” be banned, multiple gun sales be limited and comprehensive background checks enacted for purchasers.

A bit of background is essential here.

In the 1980s and 90s, anti-gun forces based primarily in large cities unwilling to deal with their burgeoning crime problem decided to take a different approach. Instead of confronting the criminal element head-on, they attempted to take down the weapons industry.

Scores of lawsuits were filed against gun manufacturers with the sole intent to drive them out of business. This led to the 2005 Protection of Lawful Commerce in Arms Act (PLCAA), a needed federal reaction to the push to erase the Second Amendment through litigation.

Its wording is precise. 

The PLCAA was enacted “to prohibit causes of action against manufacturers, distributors, dealers, and importers of firearms or ammunition products, and their trade associations, for the harm solely caused by the criminal or unlawful misuse of firearm products or ammunition products by others when the product functioned as designed and intended.”

Understand that this is not a blanket liability protection, as critics often charge. Instead, it protects the industry from waves of frivolous lawsuits funded by taxpayer dollars with the sole intent of running it into the ground.

A lawsuit from a foreign government seeking the same result should not stand a chance in American courts. 

The frivolous lawsuit was already dismissed, but the First Circuit inexplicably revived it.

With oral arguments before the Supreme Court set for February, a high-profile political leader also filed an amicus brief supporting the U.S. gun industry.

Sen. Ted Cruz (R-TX), re-elected to the upper chamber in November, encouraged justices to “uphold American sovereignty and the Second Amendment.”

In an interview with Fox News Digital, Cruz explained the lawsuit’s threat to the rights of law-abiding citizens.

“The lawsuit filed by Mexico seeks to trample on our Constitution,” Cruz charged. “I look forward to the Supreme Court ending this madness, putting an end to Mexico’s assault on our Second Amendment, and sending a clear message that American sovereignty will not be eroded by any country.”

Five of his Senate colleagues and four U.S. representatives joined Cruz’s brief.

The NRA and political leaders are taking the right and necessary stand to protect the Constitution from foreign governments. That such a lawsuit is permitted to move forward would be laughable if it were not so serious, and it must be opposed at every turn.

The Anti Anti-2A Social Club is more than a name—it’s a stand against misinformation, double standards, and the relentless attacks on our rights. It’s for those who are done being quiet and ready to push back against a narrative that seeks to misrepresent and marginalize us.

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