U.S. Appeals Court Greenlights Groundbreaking Lawsuit Against Gun Manufacturers by Mexico and CARICOM Nations

KINGSTON, Jamaica, January 24, 2024 - In a decisive move, the U.S. Court of Appeals has granted Mexico and a coalition of CARICOM nations the go-ahead to sue major American gun manufacturers. This ruling challenges the entrenched legal protections enjoyed by gunmakers and marks a significant step in addressing the rampant gun violence devastating Mexico and the Caribbean.

In 2022, the case faced a major obstacle when a U.S. District Court judge invoked the Protection of Lawful Commerce in Arms Act (PLCAA) to shield the manufacturers from litigation. However, the recent appellate decision contests this shield, arguing that the PLCAA does not extend to cases involving unlawful gun sales.

The lawsuit underscores the alleged complicity of U.S. gunmakers in the illegal arms trade, accused of deliberately selling firearms to dealers known for smuggling weapons. These practices have been implicated in the dramatic surge of gun-related violence in Mexico, where over 30,000 murders were recorded last year despite stringent gun laws. The plaintiffs argue that this flood of illegal firearms is a direct result of the negligent business strategies employed by these manufacturers.

According to the brief filed by Mexico, “Unlawful trafficking of American firearms must be curtailed at its source: the US gun industry. The gun manufacturers and distributors from a single nation must not be permitted to hold hostage the law-abiding citizens of an entire region of the world”, and notes that the governments of the participating countries “have a solemn duty to protect the lives, health, and security of their citizens”. 

The lawsuit, which was first filed in 2021 in a federal courthouse in Massachusetts - where several of the companies are based - argued that the manufacturers knew that guns were being sold to traffickers fuelling violence in the country.

In a powerful statement, Bahamian Prime Minister Philip Davis emphasized the dire consequences of these practices, noting that the guns used in violent crimes in The Bahamas are not domestically produced but trafficked illegally. He stressed the critical need for stronger border controls and crackdowns on smuggling networks to stem the tide of violence.

The CARICOM states, which include Antigua and Barbuda, St Vincent and the Grenadines, and Trinidad and Tobago, Jamaica and The Bahamas, along with Mexico, have found support from SEHLAC, a network of NGOs specializing in international humanitarian law, highlighting the regional commitment to disarmament and the curtailment of illegal arms trafficking.

Jon Lowy, president of Global Action on Gun Violence and Mexico's co-counsel, hailed the ruling as a monumental step in holding the gun industry accountable. Conversely, Larry Keane of the National Shooting Sports Foundation, representing the U.S. firearms industry, countered by suggesting that Mexico should focus on internal law enforcement rather than blaming U.S. gunmakers.

This case represents not just a legal challenge but a pivotal moment in the international debate over gun control and violence. As the world watches, this lawsuit could set a precedent for how gun manufacturers are held accountable for the global impact of their products.

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