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'Long shot': Mexico sues U.S. gunmakers for rampant violence

The Mexican government has sued U.S. gun manufacturers and distributors, alleging that their commercial practices have fueled gun violence in Mexico. 

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John Locher/AP
Hand guns on display at the Smith & Wesson booth at the Shooting, Hunting, and Outdoor Trade show in Las Vegas, Jan. 19, 2016. The Mexican government has filed a lawsuit against gun manufacturers in U.S. federal court, saying they are responsible for violence in Mexico.

The Mexican government sued U.S. gun manufacturers and distributors Wednesday in U.S. federal court, arguing that their negligent and illegal commercial practices have unleashed tremendous bloodshed in Mexico.

The unusual lawsuit was filed in U.S. federal court in Boston. Among those being sued are some of the biggest names in guns, including: Smith & Wesson Brands, Inc.; Barrett Firearms Manufacturing, Inc.; Beretta U.S.A. Corp.; Colt鈥檚 Manufacturing Company LLC, and Glock Inc. Another defendant is Interstate Arms, a Boston-area wholesaler that sells guns from all but one of the named manufacturers to dealers around the United States.

The manufacturers did not immediately respond to requests for comment.

The Mexican government argues that the companies know that their practices contribute to the trafficking of guns to Mexico and facilitate it. Mexico wants compensation for the havoc the guns have wrought in its country.

The Mexican government 鈥渂rings 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,鈥 the lawsuit said.

The government estimates that 70% of the weapons trafficked to Mexico come from the U.S., according to the Foreign Affairs Ministry. And that in 2019 alone, at least 17,000 homicides were linked to trafficked weapons.

The National Shooting Sports Foundation, the U.S. firearm industry鈥檚 trade association, said in a statement that it rejected Mexico鈥檚 allegations of negligence.

鈥淭hese allegations are baseless. The Mexican government is responsible for the rampant crime and corruption within their own borders,鈥 said Lawrence G. Keane, the group鈥檚 senior vice president and general counsel. The Mexican government is responsible for enforcing its laws, he said.

The group also took issue with Mexico鈥檚 figures for the number of guns recovered at crime scenes and traced back to the U.S. It said that traces were attempted on only a fraction of the recovered guns and only on the ones carrying a serial number, making them more likely to have originated in the U.S.

Alejandro Celorio, legal advisor for the ministry, told reporters Wednesday that the damage caused by the trafficked guns would be equal to 1.7% to 2% of Mexico鈥檚 gross domestic product. The government will seek at least $10 billion in compensation, he said. Mexico鈥檚 GDP last year was more than $1.2 trillion.

鈥淲e don鈥檛 do it to pressure the United States,鈥 Mr. Celorio said. 鈥淲e do it so there aren鈥檛 deaths in Mexico.鈥

Foreign Affairs Secretary Marcelo聽Ebrard said the lawsuit was another piece of the government鈥檚 efforts against guns. 鈥淭he priority is that we reduce homicides,鈥 he said. 鈥淲e aren鈥檛 looking to change American laws.鈥

Mexico did not seek the advice of the U.S. government on the matter, but advised the U.S. Embassy before filing the lawsuit.

Steve Shadowen, the lead attorney representing Mexico, said that in the early 2000s about 30 U.S. cities brought similar litigation against gun manufacturers arguing that they should be responsible for increased police, hospitalization, and other costs associated with gun violence.

As some cities started winning, gun manufacturers went to Congress and got an immunity statute for the manufacturers. Mr. Shadowen said he believes that immunity doesn鈥檛 apply when the injury occurs outside the United States.

鈥淭he merits of the case are strongly in our favor and then we have to get around this immunity statute which we think we鈥檙e going to win,鈥 he said. 鈥淭hat statute just simply doesn鈥檛 apply. It only applies when you鈥檙e in the United States.鈥

He said he believes it is the first time a foreign government has sued the gun manufacturers.

Adam Winkler, a law professor at the University of California, Los Angeles and expert on gun policy, called Mexico鈥檚 effort a 鈥渓ong shot.鈥

鈥淚t is a bold and innovative lawsuit,鈥 he said. 鈥淲e haven鈥檛 seen anything like this before. The gun manufacturers have enjoyed broad immunity from lawsuits for now two decades.鈥

He said he had not seen arguments that the Protection of Lawful Commerce in Arms Act applies only to damages in the United States.

The sale of firearms is severely restricted in Mexico and controlled by the Defense Department. But thousands of guns are smuggled into Mexico by the country鈥檚 powerful drug cartels.

There were more than 36,000 murders in Mexico last year, and the toll has remained stubbornly high despite President Andr茅s Manuel L贸pez Obrador鈥檚 pledge to pacify the country. Mexico鈥檚 nationwide murder rate in 2020 remained unchanged at 29 per 100,000 inhabitants. By comparison, the U.S. homicide rate in 2019 was 5.8 per 100,000.

In August 2019, a gunmen killed 23 people in an El Paso Walmart, including some Mexican citizens. At that time, Secretary Ebrard said the government would explore its legal options. The government said Wednesday that recent rulings in U.S. courts contributed to its decision to file the lawsuit.

It cited a decision in California allowing a lawsuit against Smith & Wesson to move forward, a lawsuit filed last week against Century Arms related to a 2019 shooting in Gilroy, California, and the $33 million settlement reached by Remington with some of the families whose children were killed in the Newtown, Connecticut, Sandy Hook Elementary mass school shooting.

Mr. Winkler, the UCLA professor, mentioned the Sandy Hook lawsuit as one that initially few thought would go anywhere.

鈥淭he plaintiffs in that case made an innovative and bold argument, too,鈥 he said. 鈥淭hey argued that the immunity statute does not prevent these gun makers from being held liable where they act negligently.鈥

鈥淥ver the past year or so, we鈥檝e seen some cracks in the immunity armor provided by federal law,鈥 Mr.聽 Winkler said. 鈥淓ven if this lawsuit moves forward, it will be extremely difficult for Mexico to win because it will be hard to show that this distribution process or their distribution practices are a manifestation of negligence on the part of the gun makers.鈥

This story was reported by The Associated Press.

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