US Supreme Court to decide whether Mexico may sue gun distributors for allegedly facilitating the flow of firearms to drug cartels

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Important Takeaways:

  • In its lawsuit, Mexico alleged the manufacturers and distributors were aiding and abetting the purchase of their firearms by dealers known to supply drug cartels.
  • They also claim that firearm makers have resisted making changes to their products – such as making gun serial numbers harder to tamper with or installing certain technological safeguards that would hinder a gun’s unauthorized use – that would make the guns less appealing to criminal gangs.
  • And the complaint says manufacturers market their products in a “inflammatory” and “reckless” way that makes guns more attractive to cartels.
  • The high court on Friday granted the request by Smith & Wesson and other gun manufacturers to review a federal appeals court ruling reviving the case, after a trial judge threw it out on the basis of the Protection of Lawful Commerce in Arms Act, a law that generally bars civil liability for firearm manufacturers and distributors for the use of their products by third-party criminals.
  • At the heart of the dispute before the Supreme Court is the 2005 federal law passed by a GOP-led Congress. The ruling in Mexico’s favor came after gunmakers had previous success in using the Protection of Lawful Commerce in Arms Act to stop similar lawsuits from local and state governments.

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