Arizona Gun Shops Seek Jury Trial in Mexico’s Trafficking Lawsuit

Attorneys representing five Arizona gun stores are seeking a jury trial in response to a lawsuit from the Mexican government regarding illegal firearms sales. This case highlights ongoing efforts by federal officials to combat gun smuggling across the U.S.-Mexico border, a situation that has exacerbated cartel violence and crime in Mexico, as recent court records indicate.

Frustrated by persistent gun trafficking issues, Mexico initiated two lawsuits against U.S. arms dealers three years ago. The first case was brought against gun manufacturers and a wholesaler from Boston in August 2021, followed by a suit filed in October 2021 against Arizona retailers—Diamondback Shooting Sports, SnG Tactical, Ammo AZ, Sprague’s Sports, and The Hub. The lawsuit alleges that these stores actively engage in the trafficking of military-style weapons to drug cartels by supplying gun traffickers, contrary to responsible business practices.

The Mexican legal representatives argue that while most firearm dealers adhere to safe and lawful sales methods, the five Arizona stores engage in reckless behavior, contributing to violence across the border. They assert that the stores profit through unlawful practices such as straw sales and bulk sales of firearms, which they allegedly know are destined for dangerous criminal entities.

The urgency of the matter is underscored by a recent case in which a Mexican man, Jesus Angel Vasquez Balganon, received a seven-year prison sentence for smuggling firearms and ammunition into Mexico. His admission of guilt revealed the extensive nature of the trafficking operation, which included a wide range of sophisticated weapons.

Investigations by the Bureau of Alcohol, Tobacco and Firearms (ATF) have traced over 2,200 firearms recovered in Mexico and Central America back to gun stores in Pima County. A report from the nonprofit group Stop US Arms to Mexico revealed that a significant number of guns recovered in Latin America originate from Arizona, with approximately 17 percent traced back to the state.

The legal proceedings for the Arizona gun stores are on a slow trajectory, with motions due by October 2025 and a likely trial date not expected until January 2026. This case is part of a broader legal strategy by Mexican officials, aimed at addressing the arms trafficking contributing to violence in their country. The initial lawsuit highlights the method of operation used by traffickers, purchasing small quantities of firearms through straw purchases, particularly from Tucson and Phoenix stores.

In their defense, lawyers for the five gun stores dispute the Mexican government’s assertion that they lack the standing to file such a lawsuit and cite the Protection of Lawful Commerce in Arms Act, which protects gun manufacturers from civil suits linked to crimes involving their products. However, U.S. District Judge Rosemary Marquez recently ruled that the case could proceed, emphasizing the evidence suggesting that the stores’ sales practices could foreseeably lead to violence in Mexico.

Marquez addressed arguments regarding the Second Amendment and state law, stating that unlawful firearm sales are not protected under these regulations. Meanwhile, attorneys for the stores have expressed their doubts about the plausibility of the claims against them, noting the existence of various actors in the trafficking chain responsible for the illegal disposal of firearms.

Representatives for Mexico, including Jonathan Lowy, applauded the court’s decision to allow the suit to move forward, framing it as a significant step in holding the gun industry accountable. Global Action on Gun Violence, a U.S.-based nonprofit, is also pursuing broader legal and policy reforms to curb gun trafficking and diminish the gun violence epidemic in Mexico.