Mexico is gearing up to present its case before the U.S. Supreme Court on March 4, as part of a lawsuit filed against eight firearm manufacturers in the United States. According to Pablo Arrocha, a legal consultant for the Mexican Ministry of Foreign Affairs, the focus of the upcoming hearings will primarily be on questions of admissibility, rather than the substance of the case.
The Mexican government initiated this lawsuit in 2021, accusing U.S. firearms manufacturers of supplying weapons that eventually fall into the hands of drug cartels, leading to significant economic and social repercussions from armed violence in Mexico. With only one gun shop in the country, Mexico claims that between 70% and 90% of firearms seized at crime scenes originate from the U.S. A report by the U.S. Bureau of Alcohol, Tobacco, and Firearms indicated that 72% of international gun trafficking cases related to the U.S. involve Mexico.
In October 2024, the U.S. Supreme Court agreed to review a federal appeals court ruling that had reinstated the case after it was previously dismissed by a lower court under the Protection of Lawful Commerce in Arms Act, which typically protects firearm manufacturers and distributors from civil liability in cases involving the misuse of their products.
In their defense, the manufacturers have contested Mexico’s claims, suggesting that they are not responsible for assisting in illegal sales of their firearms, referencing a Supreme Court ruling from 2023 that shielded Twitter from a lawsuit for allegedly facilitating terrorism by hosting certain content.
In a November 2024 brief, the manufacturers argued, “In its zeal to attack the firearms industry, Mexico seeks to raze bedrock principles of American law that safeguard the whole economy.”
Additionally, Mexico filed a second lawsuit in October 2022 against five Arizona gun retailers, alleging negligence, public nuisance, and unjust enrichment. Arrocha noted that this case is currently in the evidence-gathering phase, highlighting that the flow of guns from Arizona to Mexico ranks as the second-largest illicit trade, following the trafficking from Texas.
Arrocha expressed optimism about the progress of both lawsuits, indicating they represent the beginning of potentially broader litigation strategies moving forward. This legal battle occurs during a period of heightened diplomatic tensions between Mexico and the U.S., particularly after the U.S. designated six Mexican drug cartels as terrorist organizations, a characterization that Mexican President Claudia Sheinbaum warned could jeopardize national sovereignty.
At the same press conference, Sheinbaum announced her intentions to propose reforms aimed at prosecuting individuals involved in the illicit arms trade into Mexico.
