U.S. Court Sends Mexico's Gun Lawsuit Back To Federal Judge; Denies Gun Trade Protection

"Sol Prendido" for Borderland Beat

A U.S. appeals court ruled that Mexico's lawsuit against gun shops goes beyond its gun trade law.

Mexico's lawsuit against gun shops returns to Boston federal court

The U.S. Court of Appeals for the First Circuit ordered that the civil lawsuit filed by the Mexican government against U.S. gun shops for their alleged responsibility in facilitating arms trafficking be returned to federal court in Boston, Massachusetts, to continue its legal process.

Foreign Minister Alicia Bárcena celebrated the fact that this means that the matter will be dealt with in depth by federal authorities, as was originally intended.

"The U.S. Court of Appeals for the First Circuit ruled in favor of Mexico in its lawsuit against arms manufacturing companies. The matter returns to the first instance for a review of the merits of the case. Great news!" wrote the Chancellor.

Foreign Minister Alicia Bárcena welcomed the fact that this means that the issue will be addressed in depth by federal authorities, as was originally intended.

"The U.S. Court of Appeals for the First Circuit ruled in favor of Mexico in its lawsuit against arms manufacturing companies. The matter returns to the first instance for a review of the merits of the case. Great news!" wrote the Chancellor.

"It is ordered, announced and decreed as follows: the judgment of the district court holding that the Protection of Lawful Commerce in Arms Act (PLCAA) bars the central contentions of the United Mexican States is reversed, and the matter is remanded to the district court for further proceedings consistent with the opinion issued today," read the decision issued.

Earlier, an opinion issued by appellate judges explained that the October 2022 determination, when a federal judge concluded that the gun shops had immunity under the aforementioned law, explained that several considerations were necessary to determine whether or not to move forward with the civil suit.

"The parties' briefs touch on certain issues that go beyond the PLCAA, including which jurisdictional law governs Mexico's central arguments or whether the defendants owe a duty to Mexico under whatever law applies," the judges explained.

Hearings and presentation of arguments and evidence are now expected to continue in the Boston court for the judge to make a new determination on whether to dismiss the case again on other grounds or allow a trial to proceed.

SRE celebrates US Court of Appeals decision

In addition to her publication on X, formerly Twitter, the head of the Ministry of Foreign Affairs (SRE) accompanied the publication with the hashtag #NoMasTraficoDeArmas.

Meanwhile, Alejandro Celorio, legal advisor to the Foreign Ministry, highlighted that, with this ruling, progress was made towards the goal of holding accountable those who trade firearms to our country, affecting the peace and security of Mexico.

However, he pointed out that this determination will not bring back the people who died as a result of this illegal trade.

"Painfully, this effort will not bring back the dead or heal the wounds. What it will achieve is to advance in the accountability of those who negligently trade firearms that violate the peace and security of our country," he said.

Why is Mexico suing U.S. gun shops?

The Mexican government claims in its lawsuit that through bad practices and irresponsible advertising, internationally renowned gun shops such as Barrett, Colt and Smith & Wesson have facilitated the flow of firearms into Mexico, many of which find their way into the hands of drug cartels.

For its part, the defense of the gun shops assures that the PLCAA grants immunity to the companies against this type of accusations, by leaving the responsibility for the trafficking of firearms to the distributors and to the very countries they enter.

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