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WASHINGTON, D.C. — NSSF®, The Firearm Industry Trade Association, celebrates the U.S. Supreme Court’s unanimous 9-0 decision that the Protection of Lawful Commerce in Arms Act (PCLAA) bars Mexico’s claims that firearm manufacturers “aided and abetted” illegal firearms trafficking to narco-terrorist drug cartels in Mexico.
“This is a tremendous victory for the firearm industry and the rule of law. For too long, gun control activists have attempted to twist basic tort law to malign the highly-regulated U.S. firearm industry with the criminal actions of violent organized crime, both here in the United States and abroad,” said NSSF’s Lawrence G. Keane, Senior Vice President and General Counsel. “The firearm industry is sympathetic to plight of those in Mexico who are victims of rampant and uncontrolled violence at the hands of narco-terrorist drug cartels. The firearm industry works closely with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to prevent the illegal straw purchasing of firearms and the illegal transnational smuggling of firearms. This unequivocal decision by the Supreme Court that PLCAA applies and there is no evidence whatsoever that U.S. manufacturers are in any way responsible is verification of commitment to responsible firearm ownership.”
The Court wrote in the unanimous decision, “Recall that Congress enacted the statute to halt a flurry of lawsuits attempting to make gun manufacturers pay for the downstream harms resulting from misuse of their products. In a ‘findings’ and ‘purposes’ section, Congress explained that PLCAA was meant to stop those suits—to prevent manufacturers (and sellers) from being held ‘liable for the harm caused by those who criminally or unlawfully misuse firearm[s].’ Mexico’s suit closely resembles the ones Congress had in mind: It seeks to recover from American firearms manufacturers for the downstream damage Mexican cartel members wreak with their guns.”
NSSF filed an amicus brief supporting Smith & Wesson Brands, Inc., et al., in its petition to the U.S. Supreme Court to dismiss Mexico’s claim for $10 billion in damages against several U.S. firearm manufacturers.
Mexico filed their claim in a U.S. District Court in Boston in 2021, which was dismissed by that district court based on the bipartisan PLCAA that prohibits frivolous lawsuits against the firearm industry for the criminal misuse by remote third parties.
Mexico appealed to the U.S. Court of Appeals for the First Circuit, which revived the lawsuit holding that Mexico’s “aiding and abetting” theory fit within one of the PLCAA’s narrow exceptions. Smith & Wesson Brands, Inc., et al., successfully petitioned the Supreme Court last year. The case was argued before the Supreme Court in March of this year.
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