June 5 (UPI) — The U.S. Supreme Court unanimously ruled Thursday against a lawsuit filed by Mexico that accuses seven American gun manufacturers and one wholesaler of unlawful sale practices, and arming drug dealers.
“The question presented is whether Mexico’s complaint plausibly pleads that conduct. We conclude it does not,” wrote Justice Elena Kagan in the opinion of the court.
Mexico filed suit in March against a group of companies that includes Smith & Wesson, Beretta, Colt and Glock, alleging that the defendants violated the Protection of Lawful Commerce in Arms Act, or PLCAA, which can allow for some lawsuits against the makers and sellers of firearms.
As stated in the case document, Mexico purports the accused companies “aided and abetted unlawful gun sales that routed firearms to Mexican drug cartels,” and failed to exercise “reasonable care” to keep their guns from being trafficked into Mexico.
Kagan explained that it falls on the plaintiff in this case to properly show that the defendant companies directly committed violations of PLCAA, or otherwise “the predicate violation opens a path to making a gun manufacturer civilly liable for the way a third party has used the weapon it made.”
Kagan did include that “Mexico has a severe gun violence problem, which its government views as coming from north of the border.” She added that the country has only a single gun store, which is slightly inaccurate as Mexico currently has two, but in regard of the one store she mentioned, Kagan claimed that it “issues fewer than 50 gun permits each year.”
She also purported gun traffickers can purchase weaponry in the United States, often illegally, and then take those guns to drug cartels in Mexico. Kagan further noted that as per the Mexican government, “as many as 90% of the guns recovered at crime scenes in Mexico originated in the United States.”
Nonetheless, the court ruled “that Mexico has not plausibly alleged aiding and abetting on the manufacturers’ part.” This is why, Kagan explained, that the defendant companies are immune under the PLCAA.
In a concurring statement, Justice Clarence Thomas wrote that the court’s opinion hasn’t resolved what exactly a future plaintiff will have to show to prove a defendant has committed a PLCAA violation, and that Mexico hadn’t “adequately pleaded its theory of the case.”
Justice Ketanji Brown Jackson also included a concurring statement that Congress passed PLCAA in order to decide “which duties to impose on the firearms industry,” and that ignoring PLCAA’s set reasons that do “authorize lawsuits like the one Mexico filed here” would twist PLCAA’s main purpose.
