US judge blocks Mexico's $10bn anti-arms smuggling lawsuit, again
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Judge Dennis Saylor has dismissed charges raised against six out of eight of the sued companies after rejecting the lawsuit back in 2022.
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A vehicle drives along the US side of the US-Mexico border wall in Nogales, Ariz., on Tuesday, June 25, 2024. (AP)
A US judge dropped the majority of Mexico's $10 billion lawsuit that aimed to hold American gun manufacturers accountable for enabling the trafficking of firearms to violent drug cartels across the US-Mexico border.
US District Judge Dennis Saylor in Boston dissolved the charges raised against six out of eight companies sued by Mexico in 2021, including giant Sturm, Ruger, and Glock, under the pretense of jurisdictional issues.
He described the companies' ties to Massachusetts as "gossamer-thin at best," explaining that none of the six companies were incorporated in the state. Saylor stated that Mexico failed to demonstrate that any firearms sold in Massachusetts caused harm to the country.
Although Mexico contended that it was statistically probable that some firearms sold in Massachusetts were later illegally trafficked to Mexico, Saylor stated that the country did not provide enough evidence to establish jurisdiction.
Lawrence Keane, general counsel for the industry trade group National Shooting Sports Foundation, praised Saylor's decision to dismiss Mexico's "clear forum-shopping" and expressed confidence that the US Supreme Court would eventually dismiss the remainder of the case.
In April, gun manufacturers petitioned the Supreme Court to review a federal appeals court's ruling that allowed Mexico's lawsuit to proceed despite a law called the Protection of Lawful Commerce in Arms Act, which generally shields the firearms industry from liability for the misuse of their products.
Steve Shadowen, a lawyer for Mexico, expressed disappointment in the recent decision and indicated that Mexico is considering whether to appeal, refile the claims in other courts, or explore other legal avenues.
Mexico accused the gun manufacturers of deliberately undermining its strict gun laws by designing, marketing, and distributing military-style assault weapons in ways that they knew would end up arming drug cartels, leading to violence, extortion, and kidnappings.
The country claimed that over 500,000 guns are trafficked from the United States to Mexico each year, with more than 68% made by the companies it sued, which has contributed to high rates of gun-related deaths, reduced investment and economic activity, and increased spending on law enforcement and public safety.
Déjà vu, as the US tries to toss the case
In 2022, the same judge dismissed the case, saying Mexico's claims failed to overcome the extensive protections afforded to firearm manufacturers by the Protection of Lawful Commerce in Arms Act, which was passed by the US Congress in 2005.
"Unfortunately for the government of Mexico, all of its claims are either barred by federal law or fail for other reasons," Saylor wrote in a 44-page decision.
"While the court has considerable sympathy for the people of Mexico, and none whatsoever for those who traffic guns to Mexican criminal organizations, it is duty-bound to follow the law."
Following the dismissal of the judge, Mexico's Foreign Ministry stated that the case would be pursued further.
"The civil suit for damages against those who profit from the violence suffered by Mexicans goes to a second stage, in which the Foreign Ministry will continue to insist that the negligence of these companies seriously affects our country," the ministry said in a statement.
Mexico, which has a population of 126 million people, has been plagued by widespread deadly violence since December 2006, when then-President Felipe Calderon's government launched a controversial military anti-drug operation.
