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Mexico Can Sue US Gunmakers

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Mexico Can Sue US Gunmakers Empty Mexico Can Sue US Gunmakers

Post by BisbeeGal Wed Jan 24, 2024 7:37 am

This industry has enjoyed immunity in the US from lawsuits, thanks to laws protecting them.

But Mexico won an appeal in US Federal Court and got a green light to resume their lawsuit against several manufacturers. Whether Mexico will succeed in its case remains unknown.

https://www.msnbc.com/deadline-white-house/deadline-legal-blog/mexico-lawsuit-gun-manufacturers-rcna135227


The appeals court noted that Mexico has strict gun laws but that gun violence increased there after the U.S. ended its assault weapon ban in 2004. Mexico’s complaint — against seven manufacturers and one distributor — details “a steady and growing stream of illegal gun trafficking from the United States into Mexico, motivated in large part by the demand of the Mexican drug cartels for military-style weapons,” the ruling observed. In turn, Mexico says it has suffered increased costs for medical, mental health and other services for victims and their families; increased costs for law enforcement and its judicial system; and diminished property values and business revenues.

The three-judge panel ruling, written by Barack Obama appointee William Kayatta, concluded that Mexico’s complaint “adequately alleges that defendants aided and abetted the knowingly unlawful downstream trafficking of their guns into Mexico.” Yet the landmark decision doesn’t end the matter, even if it’s upheld on any further appeal by the manufacturers. Monday’s ruling points out that whether Mexico can prove its allegations at a potential trial “remains to be seen.”
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Post by ferret Wed Jan 24, 2024 8:02 am

As long as gun manufacturers keep making assault weapons, there will be someone, somewhere who will provide access to those that want them. Or that someone will steal them from the military. The above ruling is a drop in the bucket but, at least, it's a start.
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Post by mudgirl Wed Jan 24, 2024 10:46 am

It's about time. Whether they will be successful is doubtful, but at least it brings the issue into the light. The US State Dept. has been portraying Mexico as a dangerous place for a long time, without ever acknowledging that the cartels get their weapons from the US. How much of the GDP is generated by gun sales?

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Post by BisbeeGal Wed Mar 27, 2024 9:53 am

UPDATE

https://www.tucsonsentinel.com/local/report/032524_mx_gun_lawsuit/mexicos-lawsuit-vs-arizona-gun-dealers-survives-legal-challenge/

A lawsuit launched by the Mexican government against five Arizona gun dealers over illegal firearms purchases will move forward, a federal judge ruled Monday. {Monday, March 25. 2024}

In a 32-page decision, U.S. District Court Judge Rosemary Marquez agreed to dismiss some of the claims against the five stores, but ruled attorneys for Mexico showed the six other claims should move forward.

The lawsuit was the first brought by a sovereign nation against U.S. gun dealers and argued the stores "know or should know that their reckless and unlawful business practices – including straw sales, and bulk and repeat sales of military-style weapons – supply dangerous criminals in Mexico and the U.S."
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Post by BisbeeGal Fri Oct 04, 2024 1:22 pm

The US Supreme Court will take up this case in its next term which starts on Monday.


NY Times,
Oct. 4, 2024
Updated 2:03 p.m. ET

The Supreme Court agreed on Friday to decide whether Mexico may sue gun manufacturers in the United States for aiding in the trafficking of weapons used by drug cartels.

Mexico sued seven gun makers and one distributor in 2021, blaming them for rampant violence caused by illegal gun trafficking from the United States spurred by the demand of drug cartels for military-style weapons.

“For decades, the government and its citizens have been victimized by a deadly flood of military-style and other particularly lethal guns that flows from the U.S. across the border,” Mexico’s lawsuit said, adding that the resulting carnage was “the foreseeable result of the defendants’ deliberate actions and business practices.”

The case, Smith & Wesson Brands v. Estados Unidos Mexicanos, No. 23-1141, is one of 13 the court added to its docket on Friday after the justices’ annual “long conference” on Monday, where they considered hundreds of petitions seeking review that had piled up over their summer break. The court’s new term starts on Monday.
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