The U.S. Supreme Court has agreed to hear a case that could have tremendous ramifications for Second Amendment rights in America. It has agreed to hear an appeal from gun manufacturer Smith & Wesson and firearms wholesaler Insterstate Arms in their bid to dismiss a lawsuit filed by the Mexican government.
Mexico’s lawsuit, initially filed in 2021, accused the companies of aiding the illegal trafficking of firearms to Mexican drug cartels.
The nation’s government claims the companies’ actions have supposedly fueled an “epidemic of violence” in the country, according to Reuters.
At the center of the case is the 2005 Protection of Lawful Commerce in Arms, a law that shields gun manufacturers from liability for crimes committed using their firearms. A U.S. District Court ruled against Mexico in 2022 and dismissed the case based on the legislation.
However, a federal appeals court later reversed that ruling, allowing the lawsuit to proceed on the grounds that Mexico effectively argued that the companies “aided and abetted” gun trafficking into the country.
Of course, this lawsuit is the Mexican government’s attempt to blame other parties for its failure to address the problem of cartel violence in the country.
The Supreme Court’s decision to take up the case carries significant legal ramifications as it could set a landmark precedent for gun control advocates and the firearms industry.
If the court rules in Mexico’s favor and lets the lawsuit proceed, it would open the floodgates for a tsunami of litigation against gun manufacturers. These would not only come from foreign governments, but also from municipalities, states, and anti-gunner groups in the U.S. It could become a way for anti-gunners to subvert the PLCAA and weaken its protections.
This would lead to increased legal costs for gun manufacturers and create a chilling effect on production. Inevitably, consumers would bear the brunt of this, having to pay higher prices to purchase firearms as these companies adjust to new legal risks.
It is also worth noting that a ruling in favor of the Mexican government could also lead to manufacturers of other products being held liable for the misuse of their products. Imagine a world in which automakers can be sued if someone harms themselves or another by driving recklessly. What about companies that manufacture alcoholic beverages? Should they be held responsible for the abuse of their products?
Conversely, if the court sides with the gun manufacturers and dismisses the lawsuit, it would reinforce the PLCAA’s protections. It would ensure that gun manufacturers remain shielded from lawsuits seeking to hold them accountable for the actions of those who use their firearms to commit crimes.
A positive ruling would also protect gun owners, keeping them from having to pay higher prices to purchase firearms. For low-income Americans, this would protect their ability to obtain the means by which they can defend themselves and their families.
Of course, the anti-gunner lobby is hoping the court’s ruling will lead to more successful attacks against gun owners and manufacturers. This has nothing to do with keeping people safe in Mexico or the United States. It is about making it harder for people to carry firearms. This ruling could result in further escalation of assaults on the Second Amendment.
So far, this current court has been friendly to the right to keep and bear arms – at least for the most part. The Bruen ruling gave gun rights advocates a legal weapon to use against unconstitutional gun control laws, plenty of which have already been struck down because of the court’s ruling in this case.
I do not think it likely that the Supreme Court will rule in the Mexican government’s favor on this one. If they do not, it would likely spell an end to its effort to blame American gun manufacturers for problems it has not bothered to address. But it would also put another obstacle in place to stop the anti-gunner lobby from cracking down on gun rights, which would be a huge win.
Either way, the court’s ruling will almost certainly reignite the gun control debate as authoritarian forces continue seeking ways to infringe on the right to keep and bear arms. This is a clear overreach on the part of Mexico’s government and those in America assisting with this lawsuit. A foreign entity should never have the ability to crack down on Americans’ natural rights. Hopefully, the Supreme Court will do the right thing here.
