Supreme Court to Hear Arguments in Case to Hold Gun Manufacturers Accountable for Arming Mexican Cartels

The U.S. Supreme Court will hear arguments in a case brought by the Mexican government seeking to hold American gun manufacturers liable for firearms trafficked into Mexico and used by drug cartels. The lawsuit challenges the broad legal protections historically afforded to gunmakers under U.S. law.

Mexico contends that American firearms manufacturers knowingly facilitate gun trafficking by designing, marketing, and distributing weapons that appeal to criminal organizations. The government, led by president Claudia Sheinbaum, claims that companies such as Smith & Wesson, Beretta USA, Glock, and Colt's Manufacturing Co. have ignored evidence that their products are frequently smuggled into Mexico.

Among the weapons cited in the lawsuit are a Colt handgun called the Super El Jefe, a term associated with cartel leaders, and a pistol engraved with a quote from Mexican revolutionary Emiliano Zapata, as reported by The Washington Post.

"Just as [American officials] are worried on the movement of drugs from Mexican territory to the United States, we are worried and working on the entry of weapons from the United States to Mexico," Sheinbaum said during a recent news conference. "A lot of the drug abuse is in the United States, while the violence, the loss of lives, is in Mexico."

The gunmakers argue that the lawsuit is an attempt to impose Mexican gun control policies on the United States and threatens Second Amendment right, adding that liability should not extend to lawful manufacturers when firearms pass through multiple intermediaries before reaching criminals. In a brief supporting the industry, The National Rifle Association warned that a ruling in Mexico's favor could lead to widespread litigation against American businesses. It also adds that the suit could:

"bankrupt the American firearms industry ... despite failing to allege that the manufacturers violated any law, were aware of any unlawful sale, or took any affirmative act intended to further a crime"

Gun violence prevention groups contend that manufacturers could take steps to prevent trafficking, such as cutting off dealers linked to crime. "People in the United States are suffering, being shot, being killed," said David Pucino of the Giffords Law Center to USA Today. "This case is about whether gun companies can be held responsible when they break the law."

Mexico estimates that over 200,000 U.S.-made firearms are trafficked across the border each year. The Bureau of Alcohol, Tobacco, Firearms and Explosives has traced two-thirds of the roughly 30,000 weapons recovered in Mexico annually to U.S. origins. American officials describe a flow of guns southward mirroring the northward movement of narcotics, contributing to cartel violence that has led to tens of thousands of deaths in Mexico since 2006.

The justices' decision to take the case suggests skepticism toward Mexico's claims. Analysts believe that a ruling against Mexico could reinforce the broad immunity granted to gun manufacturers under U.S. law, while a decision in favor of the lawsuit could create new legal risks for the firearms industry.