Global Battle for Gun Control Reaches SCOTUS: U.S. Policies Under Scrutiny

Next week, Mexico will present its case against the gun industry before the Supreme Court, marking a significant legal challenge. The Mexican government alleges that American gun manufacturers are contributing to cartel violence and drug trafficking by knowingly selling firearms to intermediaries who subsequently transport these weapons illegally across the border.

Jonathan Lowy, president of Global Action on Gun Violence, emphasized that Mexico aims to address the issue at its source, rather than targeting individual straw buyers. “There is an infinite supply of people willing to risk illegal trafficking to make money,” he remarked, asserting that the solution lies in curbing sales at the manufacturing level.

This case highlights the so-called “iron river,” which refers to the flow of U.S. firearms that find their way into Mexico and fuel criminal activity. Mexico argues that U.S. gun manufacturers are fully aware of their role in this cycle, which exacerbates violence and drug issues within their borders.

The Mexican government has long sought to tackle the illegal arms trade. Recently, President Claudia Sheinbaum tied a proposed tariff ceasefire to the U.S. government’s commitment to curtail high-powered weapon trafficking.

Data from the Justice Department revealed a 25% rise in trace requests from Mexican authorities for guns involved in crimes in recent years. Notably, over three-fourths of recovered crime guns in Mexico come from four southwestern U.S. states: Arizona, California, New Mexico, and Texas.

In 2021, Mexico initiated a lawsuit against seven major gun manufacturers, aiming to disrupt the crime gun pipeline. The country maintains strict firearm laws, with only one gun store operating, rendering U.S. gunmakers critical players in the ongoing cartel violence.

Manufacturers involved in the suit include Smith & Wesson, Barrett Firearms, Beretta, Glock, Sturm, Ruger & Company, and Colt’s Manufacturing Company. Mexico claims these companies habitually sell firearms to straw purchasers—individuals who legally buy guns and then traffic them illegally.

According to Mexico, gun manufacturers not only possess knowledge of these illegal transactions but actively enable them. “They have increased their reliance on ‘repeat and bulk customers,’ hallmarks of illegal straw purchases,” Mexico’s brief states, highlighting the industry’s resistance to measures aimed at curtailing such access.

The Supreme Court’s deliberations will focus on whether U.S. gun manufacturers can be held accountable for aiding violent gangs in Mexico, which the Mexican government claims directly contributes to their injuries.

The gun manufacturers, however, assert that they are protected from liability under the Protection of Lawful Commerce in Arms Act. They argue that the law shields them from being held responsible for harm caused by the misuse of their products by unauthorized users.

The manufacturers maintain that Mexico’s linkage of their actions to cartel violence is overly circumstantial. Their production and distribution processes involve licensed dealers before any potential misuse occurs, creating a complex chain that Mexico’s arguments fail to convincingly connect.

Moreover, the gun companies contend that should Mexico prevail, it could drastically reshape the landscape of firearm sales in the U.S. by enforcing potential bans on assault rifles and restricting magazine sizes.

Advocacy groups supporting similar lawsuits against the gun industry express concern over manufacturers seeking immunity from accountability for practices that facilitate criminal misuse of firearms. “No authority permits rogue actors in the gun industry to flout the law with impunity,” they noted in an amicus brief.

However, Lowy insists that this case is not a commentary on U.S. gun policy. “This case is about unlawful and reckless practices supplying transnational criminal organizations in Mexico,” he clarified, emphasizing that it does not impact lawful gun sales in the United States.

The Supreme Court is set to hear arguments in the case of Smith & Wesson Brands v. Estados Unidos Mexicanos on Tuesday.