The Supreme Court ruled Thursday in favor of seven U.S. gun manufacturers who were sued by the Mexican government over allegations they aided and abetted illegal gun sales to Mexican cartels.
The high court’s decision in Smith & Wesson Brands v. Estados Unidos Mexicanos was unanimous, finding that the Protection of Lawful Commerce in Arms Act, a statute that protects gun makers from lawsuits, did not include exceptions that gave the Mexican government the ability to sue. Kagan noted the exceptions in the law would allow a lawsuit against the gun makers if they “proximately caused” Mexico harm.
“The kinds of allegations Mexico makes cannot satisfy the demands of the statute’s predicate exception,” Justice Elena Kagan wrote for the court.
“Mexico’s complaint, for the reasons given, does not plausibly allege such aiding and abetting,” Kagan wrote. “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.”
The justices concluded that the “proximate cause” standard meant the U.S. manufacturers could not be sued when the complex commerce pipeline goes from them to wholesalers, distributors, rogue retail dealers, straw purchasers, smugglers, and then to the Mexican cartels.