The Boston judge described the case’s connection to Massachusetts as “gossamer-thin at best.”
It is no secret that the southern neighbor is beset with rampant cartel violence and systematic corruption. Some officials sought to redirect blame for the nation’s spiraling crime to American companies, and billions were sought in the 2021 lawsuit.
Mexico initially named six prominent weapons manufacturers, Smith & Wesson, Beretta, Colt, Century Arms, Glock and Ruger, as defendants. The government also targeted Boston wholesaler Interstate Arms, which five of the defendants use to distribute their wares across the country.
Additional defendants were targeted by the Mexican government until there were eight total.
Saylor ruled in favor of six of the defendants, and only Smith & Wesson and wholesaler Witmer Public Safety Group remain.
Smith & Wesson has since relocated to Tennessee.
The judge noted that the six companies removed from the legal action are not incorporated in Massachusetts. He further observed that Mexico did not present evidence that any weapons sold in the state caused harm to the nation.
The plaintiffs attempted to argue that it was statistically likely that firearms sold in Massachusetts crossed the southern border, but that was hardly evidence.
Most observers believed the arbitrary lawsuit would wither on the vine due to the Protection of Lawful Commerce in Arms Act (PLCAA). This statute, enacted two decades ago, shields the gun industry from malicious legal action designed to inflict severe damage or even drive companies out of business.
PLCAA is not a blanket defense, and manufacturers may be held liable for demonstrable wrongdoing. This, however, was clearly not the case in the Mexican government’s suit.
In September 2022, a district court judge correctly ruled that the PLCAA blocks such actions against the industry. While this should have signaled that the case had no standing, a disturbing appeals court ruling kept the action alive.
Mexico appealed to the U.S. Court of Appeals for the First Circuit, which found a three-judge panel sympathetic to their cause. The jurists determined that the PLCAA did not expressly exclude the plaintiffs’ claims and allowed the case to continue.
After Wednesday’s ruling, the Mexican foreign ministry told Reuters that it will continue legal action against the six companies dismissed from the case and the two that remain. “This decision does not affect the lawsuit against these two companies nor does it absolve the other six companies of responsibility.”
Steve Shadowen is an attorney for the plaintiffs. He voiced his displeasure at the ruling and said Mexico would now determine whether to appeal the claims, file them yet again in a different district or redirect its legal action elsewhere.
Second Amendment advocates hailed the decision as both evident and gratifying. The National Shooting Sports Foundation (NSSF), the industry trade association, disparaged the lawsuit and hoped that the U.S. Supreme Court would toss out the remaining cases.
Montana Attorney General Austin Knudsen (R) is a stalwart defender of gun rights. After the dismissal of the majority of the action, he told Breitbart News that Mexico’s focus on the American gun industry is misplaced.
“I’m glad the District Court agreed with us. The Mexican government cannot weaponize U.S. courts in an attempt to deflect from Mexico’s own failed policies. Perhaps now Mexican leadership can focus on the real problems: drug cartels and rampant government corruption.”
The plaintiffs charged that over half a million U.S.-manufactured weapons are smuggled across the border annually.
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