Mexico Loses Claim Against U.S. Firearms Manufacturers
From Jim Shepherd…
Earlier this week, Chief Judge F. Dennis Saylor of the Massachusetts Federal District Court dismissed a lawsuit brought by the Mexican government against U.S. gunmakers.
The Mexican government brought a $10-billion lawsuit against several gunmakers, alleging they had used negligent business practices that had led to illegal arms trafficking and deaths in Mexico.
According to the claims made in the case, Mexico’s “high-impact crimes” are primarily committed using U.S. made firearms.
The basis of their claim -the appeal of those guns- isn’t all that different from the argument used by California legislators in their latest raft of gun regulations: that the marketing and manufacturing of “high-powered weapons” by the manufacturers had “appeal” to a certain potential market demographic.
California claims the impressionable youths of that state are irresistibly wooed by the marketers.
Mexico, however, claims that irresistibility is to their (many) criminal cartels.
Saylor dismissed the Mexican claim, saying U.S. law “unequivocally” prohibits lawsuits that seek to hold gun manufacturers responsible when people use their products for their intended purposes.
The foundational law Judge Saylor cites is, of course, the law that anti-gunners have been trying to get repealed since its passage on October 26, 2005: the Protection of Lawful Commerce in Firearms act.
In his ruling, Judge Saylor said the court had “considerable sympathy for the people of Mexico, and none whatsoever for those who traffic guns to Mexico.”
But, he concluded, the court was “duty-bound to follow the law.”
Mexican officials say they’ll appeal the decision and will continue insisting that the “weapons trade be responsible, transparent and with accountability.”
As you might imagine, U.S. manufacturers were less than excited at yet another lawsuit trying to make them responsible for the criminal acts of others.
The National Shooting Sports Foundation’s Larry Keane said that while he sympathized with the people of Mexico, the crime there was “not the fault of the firearms industry.”
“Under federal law,” Keane says, the firearms industry can only “sell their lawful products to Americans exercising their Second Amendment rights- after passing a background check.”
The Mexican government’s response was simple: “we don’t accept that and therefore we’re going to appeal.”