March 25 (Reuters) - A U.S. judge on Monday ruled that
the Mexican government could move forward with a lawsuit
accusing five Arizona gun dealers of participating in the
trafficking of weapons and ammunition to Mexican drug cartels.
U.S. District Judge Rosemary Marquez in Tucson rejected
arguments that a U.S. law that provides the firearms industry
broad protection from lawsuits over their products' misuse
precluded Mexico's claims against the gun dealers.
Those dealers - Diamondback Shooting Sports Inc, SnG
Tactical LLC, Loan Prairie LLC, Ammo A-Z LLC, and Sprague's
Sports Inc - argued the federal Protection of Lawful Commerce in
Arms Act (PLCAA) shielded them from the lawsuit Mexico filed in
2022.
Marquez said Mexico makes plausible claims that are exempt
from PLCAA protection, including that the five companies
violated various U.S. firearm-related laws, causing harm to the
foreign nation.
Mexico alleged that the gun dealers facilitated the
trafficking of military-style assault weapons like the AR-15 and
ammunition to cartels through reckless and unlawful practices,
including firearm sales to straw purchasers who illegally bought
them for others.
While the judge allowed much of the lawsuit to move forward,
she dismissed several of Mexico's individual legal claims,
including that the companies violated U.S. racketeering law and
created a public nuisance.
Lawyers for Mexico including Jonathan Lowy, president of the
U.S.-based gun control advocacy group Global Action for Gun
Violence, said they looked forward to proving their case in
court.
"Today's ruling is a huge step forward in holding the gun
industry accountable for its contribution to gun violence, and
in stopping the flood of trafficked guns to the cartels," Lowy
said in a statement.
Defense attorneys did not respond to requests for comment.
Mexico sued the Arizona dealers days after a federal judge
in Boston dismissed a $10 billion lawsuit it filed in 2021
seeking to hold several U.S. gun manufacturers responsible for
facilitating weapons trafficking across the U.S.-Mexico border.
A U.S. appeals court in January revived that lawsuit against
manufacturers including Smith & Wesson Brands ( SWBI ), and
Sturm, Ruger & Co. ( RGR ) The manufacturers are planning to ask
the U.S. Supreme Court to hear their appeal.