In this case, the court considered this issue: Can U.S. gun manufacturers be held liable for violence in Mexico under theories of proximate causation and aiding and abetting, based on their domestic production and sale of firearms that are later trafficked to Mexican cartels?
The case was decided on June 5, 2025.
In a unanimous decision on June 5, 2025, the U.S. Supreme Court ruled in favor of American gun manufacturers, including Smith & Wesson, dismissing a lawsuit filed by the Mexican government. Mexico had accused the companies of facilitating illegal firearms trafficking that contributed to cartel violence within the country.
The Court's opinion, authored by Justice Elena Kagan, emphasized that the 2005 Protection of Lawful Commerce in Arms Act (PLCAA) provides broad immunity to gun manufacturers against lawsuits arising from the criminal misuse of their products. While PLCAA includes an exception for cases where a manufacturer knowingly violates federal or state laws related to firearm sales or marketing, the Court found that Mexico's allegations did not meet this threshold. Specifically, Mexico failed to demonstrate that the manufacturers knowingly aided or abetted illegal trafficking beyond lawful commerce practices.
The opinion is presented here in its entirety, but with citations omitted. If you appreciate this episode, please subscribe. Thank you.
