The Supreme Court granted cert in Smith & Wesson Brands v. Estados Unidos Mexicanos on October 4. This case involves Mexico’s lawsuit against the American firearms industry, claiming that it enables drug cartels to strengthen their control over Mexican society. The First Circuit overturned the dismissal of the case by the District Court in Massachusetts. Just days later, on October 16, U.S. District Judge Brian Cogan sentenced Genaro Garcia Luna to 460 months in prison for criminal activities related to drug trafficking. Luna, who held high positions in Mexico’s government, assisted the Sinaloa Cartel in exchange for bribes. Despite Luna’s actions, Mexico blames America’s gun industry for its issues. The cert petition outlines Mexico’s claims against the firearms industry and the legal issues under the Protection of Lawful Commerce in Arms Act (PLCAA). PLCAA was enacted to dismiss lawsuits like this at the outset, but the First Circuit’s decision has created a split in the circuits. The lawsuit against the firearms industry mirrors past attempts by the anti-gun movement to hold the industry responsible for crimes committed by others. Despite no evidence of wrongdoing by the defendants, Mexico’s complaint alleges that they aided and abetted illegal firearms trafficking. The Mexican government’s failure to protect its citizens is highlighted by its collusion with American actors to undermine the Second Amendment. Mexico’s lawsuit undermines civil liberties and contradicts its own constitution’s recognition of the right to bear arms for self-defense. The law will specify which arms are prohibited and the consequences for those who possess prohibited arms. This was revised in the 1917 constitution to state that individuals have the right to arms in their homes for security and defense, except for arms prohibited by federal law and those reserved for military use. Federal law will dictate when and where the carrying of arms is allowed. Mexican citizens have the right to arms only as granted by the government.
For more information on this topic, refer to David Kopel’s article “Mexico’s Gun Control Laws: A Model for the United States?” Despite attempts by Mexico to derail the case, the Supreme Court granted cert after six manufacturers were dismissed from the lawsuit. The case against Smith & Wesson and Interstate Arms remained active.
Understanding the issues in Mexico v. S&W requires a deep dive into the Protection of Lawful Commerce in Arms Act (PLCAA), which impacts Second Amendment rights. PLCAA prohibits certain civil liability actions against firearms licensees for damages resulting from criminal misuse of a firearm. The exception allows lawsuits if the manufacturer knowingly violated firearm laws and caused harm.
The resolution of Mexico’s claims against the gun industry will have far-reaching implications for the Second Amendment. The Supreme Court should dismiss the case in accordance with PLCAA to protect the gun industry and uphold Second Amendment rights.
Source link
