- The lawsuit was filed on August 4, 2021 against gun manufacturers and distributors whose business practices facilitate the trafficking of their products into Mexico.
- The U.S. Court of Appeals for the First Circuit granted Mexico’s arguments and decided that companies are not judicially immune; therefore, they can be held accountable before a court of law.
- The Government of Mexico welcomes and congratulates this decision.
In an unprecedented event, the Court of Appeals for the United States First Circuit based in Boston, Massachusetts, issued this afternoon a favorable appeal ruling on favor of the Government of Mexico.
A three-judge panel unanimously decided that Mexico successfully demonstrated that gun manufacturers and distributors do not enjoy immunity for their negligent business practices that facilitate the illicit trafficking of their products into Mexico.
In August 2021, the Government of Mexico filed a civil lawsuit for damages against companies that manufacture guns in the United States. Mexico asserts that due to their carelessness and negligence, they actively facilitate the trafficking of firearms and guns into Mexican territory.
In September 2022, the first instance judge dismissed the lawsuit after considering that the US immunities law, the Protection of Lawful Commerce in Arms Act (PLCAA), did protect the defendants even though the damage caused by their carelessness and negligence occurs in Mexican territory. Mexico filed the appeal in a timely manner.
Mexico’s action is the first lawsuit filed by a foreign State before United States courts against the gun industry. In this afternoon’s unprecedented decision, the Court of Appeals held that the first instance judge erred by dismissing Mexico’s claim. Consequently, the Court ordered the matter to be returned to the District Court in order to continue to analyze the merits of the case.
Mexico welcomes the decision issued by the Court of Appeals for the First Circuit, who was highly receptive to the sophisticated arguments presented by our country in defense of its interests and those of its citizens.
Once the matter returns to the first instance court, Mexico will introduce evidence to demonstrate defendants’ negligence and to obtain damages compensation in an amount to be determined by the court.
The trafficking of guns and firearms, along with the violence committed with them, strongly affect the lives of our people and the development of our country. The Government of Mexico will continue deploying all actions at its disposal to combat this scourge and keeping its citizens duly informed about the development of the case.
