Judge shields US gun companies from ‘gossamer-thin’ $10 billion lawsuit
Mexican government 'weighing its options' after legal setback in federal courtroom in Boston
A sign in El Paso, Texas, on the road leading into Mexico warns about carrying firearms and ammunition into Mexico.
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EL PASO, Texas (Border Report) – The Mexican government says it is weighing its options after a federal judge in Boston removed six defendants from a $10 billion lawsuit against gun manufacturers whose weapons were illegally trafficked in Mexico.
U.S. Senior District Judge Dennis Saylor on Wednesday ruled in favor of a request by the six defendants to remove them from the suit based on lack of personal jurisdiction.
“As to those defendants, the connection of this matter to Massachusetts is gossamer-thin at best,” Saylor wrote in his decision. “Mexico is obviously not a citizen of Massachusetts. None of the six defendants is incorporated in Massachusetts. […] None of the alleged injuries occurred in Massachusetts and the plaintiff has not identified any specific firearm that was sold in Massachusetts and caused injury in Mexico.”
The defendants excluded are: Barrett Firearms, Beretta USA, Century International Arms, Colt, Glock, and Sturm, Ruger & Co.
The Mexican Foreign Ministry said it is considering appealing the decision from the U.S. District Court for the District of Massachusetts or taking the case to a different federal court. It emphasized this doesn’t mean that Mexico has lost the entire case.
“Mexico’s lawsuit in Boston continues against two companies: Smith & Wesson and Interstate Arms. This decision neither affects the case against these two companies nor excludes the other six companies from civil liability,” the ministry tweeted.
Mexico sued the American gun manufacturers in August 2021 alleging they design, market, distribute and sell firearms that end up in the hands of the drug cartels. Because of gunmakers’ negligence, the cartels use those guns to inflict violence in a country that has very strict gun regulations, the Mexican government claims.
The lawsuit faced an uphill battle from the start in lieu of the 2005 Protection of Lawful Commerce in Arms Act, or PLCAA. Mexico, however, alleges exceptions in the law apply in this case.
Saylor dismissed the lawsuit in 2022 but Mexico won a reprieve in the U.S. First Circuit Court of Appeals and the case returned to the lower court.
Mexico has filed a separate lawsuit targeting a handful of gun stores in Arizona. That suit is in progress.
