The United States Supreme Court blocked a legal action brought by Mexico who sought to play the manufacturers of American shooters responsible for playing a role in the fight of the country with drug cartels.
The court voted 9-0 to reject the prosecution, in the process, confirming a 2005 law which protects manufacturers from firearms from responsibility if the weapons they produce are poorly used.
The government of Mexico had argued that the “deluge” of illegal firearms through the border is the result of “deliberate” practices of American companies which, according to them, called on the members of the cartel with their products.
The decision cancels the decision of a lower court which enabled the pursuit, brought against the manufacturer Smith & Wesson and his wholesaler Interstate Arms, to proceed.
The initial trial of Mexico was filed in 2021 against eight firearms manufacturers, but affairs against six of them were rejected by a district court.
The Supreme Court has now rejected the full prosecution, agreeing that the case has satisfied an exception to the protection of trade in Arms Act (PLCAA), which limits the responsibility of firearms manufacturers.
The court said that the complaint in Mexico “does not plausably allege that the manufacturers of defendants have helped and encouraged illegal firearms of Mexican traffickers”.
The court said that he had “little doubt” that certain weapons are sold to Mexican firearm traffickers. However, he added that the government was unable to prove that manufacturers “participate in” these sales, because its complaint has not identified any specific criminal transaction.
This case has been the first time that the court has adopted the PLCAA Shield law, which limits the ability of victims of armed violence to pursue manufacturers of firearms and dealers for the abusive use of their products.
During a hearing in March, the court seemed skeptical about the challenge of Mexico, with judges on both sides of the ideological spectrum questioning the validity of the prosecution.
