June 6th, 2025
The U.S. Supreme Court has issued a unanimous 9-0 decision holding that the Protection of Lawful Commerce in Arms Act (PCLAA) bars Mexico’s claims that firearm manufacturers “aided and abetted” illegal firearms trafficking to narco-terrorist drug cartels in Mexico. In the case of Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos, Mexico sought $10 billion in damages against several U.S. firearm manufacturers and distributors.
In its unanimous decision the Supreme Court stated: “Recall that Congress enacted the [PCLAA] statute to halt a flurry of lawsuits attempting to make gun manufacturers pay for the downstream harms resulting from misuse of their products. In a ‘findings’ and ‘purposes’ section, Congress explained that PLCAA was meant to stop those suits — to prevent manufacturers (and sellers) from being held ‘liable for the harm caused by those who criminally or unlawfully misuse firearm[s].’ Mexico’s suit closely resembles the ones Congress had in mind: It seeks to recover from American firearms manufacturers for the downstream damage Mexican cartel members wreak with their guns.”
Smith & Wesson Pres./CEO Mark Smith posted: “Today’s unanimous Supreme Court decision… represents not only a big win for Smith & Wesson, but our industry, American sovereignty and, most importantly, every American who wishes to exercise his or her Second Amendment rights. This suit, brought by Mexico in collaboration with U.S.-based anti-Second Amendment activist groups, was an affront to our nation’s sovereignty and a direct attack on the Constitutional rights of law-abiding Americans. It [was] a blatant abuse of our legal system to advance their anti-Constitutional agenda.”
NSSF filed an amicus brief supporting Smith & Wesson in its petition to dismiss Mexico’s claim for $10 billion in damages. NSSF’s Lawrence G. Keane, Senior V.P. and General Counsel stated: “This is a tremendous victory for the firearm industry and the rule of law. For too long, gun control activists have attempted to twist basic tort law to malign the highly-regulated U.S. firearm industry with the criminal actions of violent organized crime, both here in the United States and abroad. The firearm industry is sympathetic to plight of those in Mexico who are victims of rampant and uncontrolled violence at the hands of narco-terrorist drug cartels. The firearm industry works closely with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to prevent the illegal straw purchasing of firearms and the illegal transnational smuggling of firearms. This unequivocal decision by the Supreme Court that PLCAA applies and there is no evidence whatsoever that U.S. manufacturers are in any way responsible is verification of commitment to responsible firearm ownership.”
The NRA also filed an amicus brief urging the Court to take the case and then filed a subsequent brief arguing for the outcome decided by the Court. Doug Hamlin, NRA Executive V.P. and CEO, stated: “The U.S. Supreme Court correctly renounced the tactics Mexico and its American collaborators used to try to extort and impoverish America’s firearms industry. The Protection of Lawful Commerce in Arms Act is clear – firearm manufacturers are not liable for the criminal misuse of their products, and this doesn’t change just because gun control activists disapprove of their lawful business practices and products. PLCAA is the law of the land today due to the work of NRA-ILA and NRA members in the early 2000s.”
Mexico filed its claim in a U.S. District Court in Boston in 2021, which was dismissed by that district court based on the bipartisan PLCAA that prohibits frivolous lawsuits against the firearm industry for the criminal misuse by remote third parties.
Mexico appealed to the U.S. Court of Appeals for the First Circuit, which revived the lawsuit holding that Mexico’s “aiding and abetting” theory fit within one of the PLCAA’s narrow exceptions. Smith & Wesson Brands, Inc., et al., successfully petitioned the Supreme Court last year. The case was argued before the Supreme Court in March of this year.
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