Mexico's lawsuit against Arizona gun dealers can proceed, US judge rules (updated)
26/03/2024 24:24
(Adds comment from Mexico's foreign ministry in paragraphs 7-8)
By Nate Raymond
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 drug cartels across the
U.S.-Mexico border.
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 said they looked forward to proving their
case in court, and Mexico's foreign ministry in a statement said
it would continue to "defend its interests and those of its
citizens through all means at its disposal."
"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,"
Jonathan Lowy, a lawyer for Mexico with the U.S.-based advocacy
group Global Action on Gun Violence, 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.O , and
Sturm, Ruger & Co RGR.N . The manufacturers are planning to ask
the U.S. Supreme Court to hear their appeal.
(Reporting by Nate Raymond in Boston; Additional reporting by
Kyle Madry in Mexico City; Editing by Richard Chang and Michael
Perry)
((Nate.Raymond@thomsonreuters.com and Twitter @nateraymond;
347-243-6917; Reuters Messaging:
nate.raymond.thomsonreuters.com@reuters.net))