The Supreme Court of the United States (SCOTUS) ruled unanimously Thursday that Mexico’s lawsuit against gun makers in the U.S. is prohibited by federal law.
On August 4, 2021, Breitbart News reported the government of Mexico was suing six American gunmakers and one Boston-area wholesaler, claiming “massive damage” created by “unlawful trafficking” of firearms to cartel and criminal elements.
The government of Mexico’s suit opened with trafficking claims and named the six manufacturers and the wholesaler:
Plaintiff Estados Unidos Mexicanos (the “Government”), a sovereign nation, brings this action to put an end to the massive damage that the Defendants cause by actively facilitating the unlawful trafficking of their guns to drug cartels and other criminals in Mexico. Almost all guns recovered at crime scenes in Mexico — 70% to 90% of them — were trafficked from the U.S. The Defendants include the six U.S.-based manufacturers whose guns are most often recovered in Mexico — Smith & Wesson, Beretta, Century Arms, Colt, Glock, and Ruger. Another manufacturer defendant is Barrett, whose .50 caliber sniper rifle is a weapon of war prized by the drug cartels. The remaining defendant — Interstate Arms — is a Boston-area wholesaler through which all but one of the defendant manufacturers sell their guns for re-sale to gun dealers throughout the U.S.
The number of entities being sued by Mexico eventually reached eight in all.
A district court judge decided against Mexico in September 2022, saying that the Protection of Lawful Commerce in Arms Act (PLCAA) shields U.S. gun manufacturers from such suits. However, Mexico appealed the ruling, and CNN noted that a three-judge panel from the U.S. Court of Appeals for the First Circuit ruled “that Mexico’s complaint plausibly alleges a type of claim that is statutorily exempt from the PLCAA’s general prohibition.”
In short, the First Circuit’s decision allowed Mexico’s suit to proceed.
On May 22, 2024, Breitbart News pointed out that Montana Attorney General Austin Knudsen was leading a state-level coalition against Mexico’s lawsuit.
Knudsen, leading the coalition of 26 other attorneys general, said:
American firearms manufacturers should not and do not have to answer for the actions of criminals, as established by the commonsense federal Protection of Lawful Commerce in Arms Act. Mexico’s bad policies created the country’s gun violence problem. Rather than take responsibility, Mexico and anti-gun activists are trying to blame and bankrupt American companies that follow the law. The appeals court erred in their decision, and the Supreme Court needs to correct it.
On August 9, 2024, Breitbart News noted that U.S. District Judge Dennis Saylor dismissed the major portion of the lawsuit brought by Mexico, but the aspect of the suit against Smith & Wesson and a U.S. distributor remained.
On March 4, 2025, Breitbart News observed that Smith & Wesson attorney Noel Francisco argued in front of SCOTUS that Mexico’s claims are akin to holding beer makers liable for car accidents resulting from underage drinking.
On June 5, 2025, SCOTUS pointed to PLCAA and decided in favor of U.S. gun makers.
Moreover, NBC News noted that Justice Elana Kagan wrote for the court’s unanimous opinion and pointed out, “In asserting that the manufacturers intentionally supply guns to bad-apple dealers, Mexico never confronts that the manufacturers do not directly supply any dealers, bad-apple or otherwise.”
AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio, a member of Gun Owners of America, and the director of global marketing for Lone Star Hunts. He was a Visiting Fellow at the Russell Kirk Center for Cultural Renewal in 2010 and has a Ph.D. in Military History. Follow him on Instagram: @awr_hawkins. You can sign up to get Down Range at breitbart.com/downrange. Reach him directly at awrhawkins@breitbart.com.
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