US judge again dismisses Mexico’s lawsuit against most gun manufacturers

MEXICO CITY — A U.S. federal judge in Massachusetts again dismissed a $10 billion Mexican government lawsuit against six U.S. gun manufacturers on Wednesday.

Mexico had argued the companies knew weapons were being sold to traffickers who smuggled them into Mexico and decided to cash in on that market.

However, the judge ruled that Mexico had not provided concrete evidence that any of the six companies’ activities in Massachusetts were connected to any suffering caused in Mexico by guns.

Mexico’s Foreign Relations Department said Wednesday the ruling would allow the lawsuit to proceed against a seventh manufacturer and a gun wholesaler.

Regarding the dismissal against the others, the department said, “Mexico is analyzing its options, among them presenting an appeal.”

The case has been a legal rollercoaster.

In early 2022, six companies — not including the seventh manufacturer — filed to dismiss Mexico’s claims based on the broad protection provided to gun manufacturers by a 2005 U.S. law, the Protection of Lawful Commerce in Arms Act, or PLCAA.

The law shields gun manufacturers from damages “resulting from the criminal or unlawful misuse” of a firearm. Later in 2022, the federal judge ruled to dismiss the case on those grounds.

Mexico appealed that ruling, and in January the U.S. 1st Circuit Court of Appeals in Massachusetts revived the lawsuit, saying the PLCAA did not apply to the claims the guns caused deaths, damages and injuries in Mexico.

The appeals court returned the case to the lower court, which again ruled to dismiss the claims against six of the companies.

The Mexican government estimates 70% of the weapons trafficked into Mexico come from the U.S., according to the Foreign Affairs Ministry. 

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