The United States Supreme Court (SCOTUS) recently issued a significant victory for pro-Second Amendment advocates. In a landmark ruling, SCOTUS overturned the First Circuit’s decision in Estados Unidos Mexicanos v. Smith & Wesson Brands, Inc., et al. This lawsuit, filed in 2021, sought billions in damages from the fabled gunmaker, alleging that Smith & Wesson was “liable for Mexican drug cartel violence.” Before moving forward, we should focus on the ATF operation Fast and Furious during the Obama administration.
Fast and Furious
In this operation, the United States government willingly and illegally sold firearms to suspected straw purchasers—those buyers who acquire a gun for someone else, likely because that individual couldn’t pass a background check—to trace them to Mexican drug cartels. Yes, this happened and turned out exactly as you expected: in failure. This operation was so disastrous that it led to the death of US Border Patrol Agent Brian Terry.
These firearms ended up in the hands of criminals, contributing to increased violence along the border and resulting in the deaths of many Mexican citizens. I summarize the events of Operation Fast and Furious to illustrate the climate and highlight the absurdity of the lawsuit against Smith & Wesson. Manufacturers cannot control who uses the guns. Many firearm manufacturers work with distributors or directly with dealers who manage the sale of firearms and administer the 4473 background check. Retailers are trained to be vigilant for straw purchasers. Operation Fast and Furious did the opposite. For a detailed account of the event with the Justice Department’s review, click here.
The Ruling
Now, back to the Supreme Court ruling. The case was initially dismissed by a district court but was later reversed by the First Court of Appeals. The case then proceeded. After hearing it, SCOTUS issued a unanimous decision holding, “Mexico’s complaint does not plausibly allege that the defendant gun manufacturers aided and abetted gun dealers’ unlawful sales of firearms to Mexican traffickers, the Protection of Lawful Commerce in Arms Act bars the lawsuit.” The PLCAA, passed by Congress in 2005, was implemented for cases like this. Justice Elena Kagan, in her opinion, wrote, “Mexico’s suit closely resemble(s) the ones Congress had in mind [when it passed the law]. It seeks to recover from American firearms manufacturers for the downstream damage Mexican cartel members wreak with their guns.” (For the full ruling, click here.)
Zooming Out
On the case, Adam Kraut, the director of the Second Amendment Foundation, stated, “The ultimate goal of this lawsuit was simple—bankrupt the firearms industry, at the ultimate peril of the American People. Thankfully, the Supreme Court saw through this thinly veiled attempt to wield the legal system as a cudgel against lawful commerce.” This decision sets precedents moving forward, ensuring that nations and municipalities cannot sue gun manufacturers to resolve their own legal issues. It’s important to remember that Mexico has some of the strictest gun laws in the world, with only one legal gun dealer in the nation, located in Mexico City. Most firearms are illegally purchased and run through the border.
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