April 18 (Reuters) - U.S. gun manufacturers on Thursday
asked the U.S. Supreme Court hear their challenge to Mexico's
$10 billion lawsuit seeking to hold them responsible for
facilitating the trafficking of firearms to violent drug cartels
across the U.S.-Mexico border.
Eight companies including Smith & Wesson Brands ( SWBI ) and
Sturm, Ruger & Co ( RGR ) in a petition argued that a lower
court wrongly concluded the case qualified for an exception to a
U.S. law that grants the firearms industry broad protection from
lawsuits over the misuse of their products.
A trial court judge had dismissed the case citing that law,
the Protection of Lawful Commerce in Arms Act. But Boston-based
1st U.S. Circuit Court of Appeals in January concluded Mexico's
claims fit within the narrow exception to the liability shield.
The 1st Circuit did so after finding that Mexico had
plausibly alleged the business practices of the seven gun makers
and one distributor it had sued aided and abetted the illegal
trafficking of guns to Mexico.
The companies on Thursday told the 6-3 conservative majority
U.S. Supreme Court that the 1st Circuit's ruling defied the high
court's past precedents and should never have been allowed to
move forward.
"Mexico's suit has no business in an American court," their
lawyers wrote.
The companies argued that absent the U.S. Supreme Court's
intervention, the U.S. firearms industry would face years of
costly litigation by a "foreign sovereign that is trying to
bully the industry into adopting a host of gun-control measures
that have been repeatedly rejected by American voters."
Alejandro Celorio, legal adviser to Mexico's foreign
ministry, wrote on the social media platform X that the county
would "follow up on this request and will be ready in case the
Supreme Court decides to admit the matter for study."
In its lawsuit filed in 2021, Mexico alleged that the
companies undermined its strict gun laws by designing, marketing
and distributing military-style assault weapons in ways they
knew would arm drug cartels, fueling murders, extortions and
kidnappings in the country.
Mexico says over 500,000 guns are trafficked annually from
the U.S. into Mexico, of which more than 68% are made by the
companies it sued.
Mexico said the smuggling has contributed to high rates of
gun-related deaths, declining investment and economic activity
and a need for it to spend more on law enforcement and public
safety. The companies deny wrongdoing.