The Mexican government announced last summer its intention to sue U.S. gun makers for allegedly facilitating the trafficking of weapons to criminals in Mexico. Now, attorneys general in 13 states and Washington, D.C., have filed an amicus brief in support of the lawsuit.
The brief accuses Smith & Wesson, Beretta, Ruger, Glock, Century Arms, Barrett, and Colt; as well as gun distributor Interstate Arms of knowingly violating Connecticut and Massachusetts laws that govern trade practices and consumer protections.
Lawyers take aim at the Protection of Lawful Commerce in Arms Act (PLCAA), a 2005 law designed to shield gun makers from frivolous lawsuits like the one Mexico is seeking to bring.
“In most industries, companies are well-aware that they can be held accountable if their product is defective or harmful to consumers — firearms should be no different,” said California Attorney General Rob Bonta, one of the AG’s who signed the brief. “While the [PLCAA] may grant firearms manufacturers some protection, it is not a free pass to knowingly allow their products to land in dangerous hands.”
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Mexico filed its suit last August on the grounds that gun makers “design, market, distribute and sell guns in ways” that arm Mexican drug cartels.” These companies use “reckless and corrupt gun dealers and dangerous and illegal sales practices that the cartels rely on to get their guns,” the suit reads.
The amicus brief filed by U.S. attorneys general does not address the veracity of these claims. Instead, the lawyers argue that the PLCAA does not protect gun companies in this case because federal laws do not override state authority in areas like consumer protection. It’s unclear how violations of state law give the Mexican government standing to sue.
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“These allegations are baseless. The Mexican government is responsible for the rampant crime and corruption within their own borders,” said Lawrence G. Keane, Senior Vice President and General Counsel for the National Shooting Sports Foundation. “Mexico’s criminal activity is a direct result of the illicit drug trade, human trafficking and organized crime cartels that plague Mexico’s citizens.”
“Rather than seeking to scapegoat law-abiding American businesses, Mexican authorities must focus their efforts on bringing the cartels to justice,” he added.
The amicus brief was signed by attorneys general from Massachusetts, California, Connecticut, Delaware, the District of Columbia, Hawai‘i, Illinois, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, and Oregon.