Washington, D.C. — Ahead of the March 4 U.S. Supreme Court oral arguments for Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos, a new column from the Center for American Progress discusses the upcoming decision’s potential to either hold U.S. gun manufacturers accountable for fueling gun violence in Mexico or empower an unchecked firearm industry to break the law without consequence.
There are only two gun stores in Mexico, both of which are on military bases, compared with nearly 10,000 gun retailers in U.S. states bordering Mexico. Responding to the pleas of mothers who have lost multiple sons to violence and forced disappearances by violent groups armed with U.S. guns, leaders in Mexico are using every avenue—diplomacy, law enforcement, and litigation—to stop the deadly flow of U.S. guns.
A small number of gun dealers are responsible for supplying the illegal gun market in both the United States and in Mexico. By knowingly supplying military-style firearms to irresponsible dealers, the gun industry continues to prioritize maximizing profits at the expense of the safety of the American people and the country’s neighbors. If the Mexican government is successful, it will make Mexico safer and advance U.S. priorities, such as reducing fentanyl in communities and addressing key drivers of migration into the United States such as violence and insecurity. However, gun company defendants hope to use this case to obtain a ruling from this far-right Supreme Court that would make it difficult or impossible for survivors of gun violence to sue them for misconduct.
“If Mexico wins the lawsuit to hold gun manufacturers accountable, the subsequent public safety gains in Mexico will also advance U.S. interests. However, the more likely outcome is that this far-right Supreme Court majority will say Mexico’s complaint is not sufficient to overcome the unique protections from civil liability Congress granted the firearm industry at the urging of the corporate gun lobby,” said Nick Wilson, senior director for Gun Violence Prevention at CAP and author of the column. “Far more dangerous would be if the gun industry convinces the court to use this case to reinterpret the Protection of Lawful Commerce in Arms Act as giving gun manufacturers and sellers complete immunity from both lawful and unlawful conduct. In addition to undermining U.S. national security and immigration priorities, this outcome would make the United States less safe by allowing bad actors to break the law with impunity.”
Read the column: “Mexico’s Lawsuit To Hold U.S. Gun Manufacturers Accountable Will Affect Public Safety in Both Countries” by Nick Wilson
For more information or to speak with an expert, please contact Julia Cusick at [email protected]