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After court setback, Mexico to pursue lawsuit against US gun makers

Sheinbaum expressed her disagreement with the decision of the highest U.S. court and reaffirmed Mexico's commitment to address the problem of arms trafficking that crosses the border and, according to her, contributes to violence in the country.

Claudia Sheinbaum.

Claudia Sheinbaum.Cordon Press.

Agustina Blanco
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The president of Mexico, Claudia Sheinbaum, announced this morning that her Administration will continue with the legal efforts of suing gun manufacturers and distributors in the United States, despite the recent ruling by the Supreme Court that dismissed a lawsuit filed by the Mexican government.

In her daily press conference, Sheinbaum expressed her disagreement with the top court's decision and reaffirmed Mexico's commitment to address the problem of arms trafficking across the border, which she said contributes to violence in the country.

"We are going to continue to insist with the body of lawyers who are advising this lawsuit. And, at the same time, we will continue to work with the U.S. government, which, for the first time, recognizes the importance of their participation in reducing the flow of weapons from the United States to Mexico," the governor said.

The Supreme Court ruling, issued Thursday, unanimously dismissed a $10 billion lawsuit filed by Mexico in 2021 against U.S. gun manufacturers, such as Smith & Wesson, which were accused of contributing to cartel violence along the border due to negligent practices.

The court argued that Mexico failed to prove a direct connection between the manufacturers' actions and the alleged harm, and that laws, such as the Protection of Lawful Commerce in Arms Act, exempt manufacturers from liability for misuse of their products.

Despite this setback, Sheinbaum stressed that a second lawsuit is still pending, filed in 2022 in Tucson, Arizona, directed specifically against gun distributors and sellers in the United States. "There is another lawsuit pending. This one was against the gun producers...there is another lawsuit left, which is against the distributors and those who sell the guns," the Mexican president explained.

In addition, she stressed the importance of collaboration with the Trump Administration in matters related to drug trafficking, especially fentanyl, which is wreaking havoc in the United States.

Supreme Court ruling

Judge Elena Kagan, who wrote the court's opinion, explained that Mexico's allegations do not meet the requirements of the exception provided in the PLCAA.

In that sense, according to Kagan, for a lawsuit against arms manufacturers to prosper under this law, it must be shown that the companies "directly caused" the alleged harm.


"Mexico’s complaint, for the reasons given, does not plausibly allege such aiding and abetting," she said, stressing that the PLCAA prohibits lawsuits based on the criminal use of a company's products by third parties.

In that regard, the magistrate noted, "So this suit remains subject to PLCAA’s general bar: An action cannot be brought against a manufacturer if, like Mexico’s, it is founded on a third party’s criminal use of the company’s product."
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