Based on oral arguments at the Supreme Court this week, Mexico’s lawsuit against U.S. gun manufacturers is likely doomed. During the Tuesday hearing, The Trace’s Champe Barton reported, a majority of justices expressed doubt that the Mexican government had offered specific enough evidence to move forward to a trial.
Mexico’s suit accuses a number of U.S. gun companies — including Smith & Wesson, Beretta, and Colt — of aiding and abetting traffickers who smuggle firearms across the southern border. The main issue before the justices is whether the Mexican government’s claims fit a narrow exception in the Protection of Lawful Commerce in Arms Act, a federal law that immunizes the gun industry against lawsuits stemming from the criminal misuse of its products. The law permits suits against gun companies that violate state or federal laws related to the sale or marketing of firearms.
“Mexico is essentially alleging here that the gun manufacturers and distributors are marketing their guns to the cartels,” Trace reporter Chip Brownlee explained on “PBS NewsHour.” “One example that came up in the case is this Colt handgun that was marketed as El Jefe, which … literally means boss, but is a term that refers to a cartel boss.”
Though Mexico has just two gun stores and imposes strict regulations on gun buying, authorities in the country recover thousands of firearms in crimes each year. Data from the ATF suggests that nearly 70 percent of these weapons originate in the United States. The weapons exact a terrible toll: According to Mexican law enforcement, more than 180,000 people were killed with guns in the country between 2007 and 2019.
The Supreme Court’s decision, expected this summer, could make it even more difficult to bring civil suits against gun companies and further fray already-turbulent relations between the U.S. and Mexico. But it wouldn’t necessarily mark the end of the Mexican government’s legal efforts against the U.S. firearms industry: In another case, Mexico has accused five Arizona gun dealers of a pattern of unlawful sales between 2018 and 2022 that sent high-powered military rifles and ammunition to cartels.
From The Trace
SCOTUS Appears Ready to Sink Mexico’s Lawsuit Against U.S. Gunmakers: During oral arguments on March 4, the Supreme Court appeared skeptical of Mexico’s allegations that American gunmakers had fueled cartel violence. The justices’ decision could doom the case.
Philadelphia Is Experiencing a Remarkable Drop in Bloodshed. Federal Funding Cuts Threaten That Progress: The double punch of the Trump presidency and the end of pandemic relief money leaves a key component of Philly’s success up in the air.
Illinois Law Acknowledges Gun Possession Doesn’t Mean Pulling the Trigger: In January, a law changed the names of six weapon possession charges. Some advocates say that the clearer titles can ease reentry for those convicted; others say the reforms don’t go far enough.
Teens Are More Likely to Arm Themselves in Cluttered, Violence-Plagued Neighborhoods, Research Finds: A recent analysis looks into factors that contribute to perceived community disorder, and the role of mental health treatment in stemming gun violence.
What We’re Reading
Honolulu Hasn’t Prosecuted A Single Ghost Gun Case Since 2020 Ban: The number of ghost guns recovered by police in Hawaii’s capital has dramatically increased in the years since the state banned the parts used to make the untraceable weapons. Yet not a single person in Honolulu has been charged for possessing them. [Honolulu Civil Beat]
DeSantis wants Legislature to ‘reevaluate’ gun safety laws passed after Parkland: Florida Governor Ron DeSantis said he wants the Legislature to repeal the state’s red flag law and a provision that raised the legal age to purchase a shotgun or rifle in the state from 18 to 21. He also reiterated that he would like Florida to become an open carry state. [Florida Phoenix]
Georgia House passes school safety bill after Apalachee High School shooting: Lawmakers in the state’s lower chamber this week overwhelmingly approved a measure intended to prevent school shootings, though some remain uneasy about its proposed creation of a statewide student database of disciplinary, mental health and law enforcement information to evaluate students who might commit violence. They also passed legislation to give a tax incentive to people who pay for secure gun storage devices or training. [WABE]
The Curious Case Against a Los Angeles Sheriff Watchdog: Diana Teran worked for years to root out misconduct in the LA Sheriff’s Department, including by helping create a committee to evaluate the records of deputies who’d been responsible for multiple shootings. But she faces charges from the state attorney related to that work. Critics worry it could chill local efforts to “police the police.” [Bolts]
U.S. attorney vows gun crime crackdown in bid to ‘Make D.C. Safe Again’: Ed Martin revives federal charging strategy as violent crime falls, homicides tick up, and Trump threatens to “take over” capital. [The Washington Post]
One Hopped Turnstile, 9 Police Bullets, 4 People Shot. Does It Add Up?: New York’s subway has been flooded with patrols to prevent crime and stop fare evasion. One Sunday in Brooklyn, it all went wrong. [The New York Times]
In Memoriam
Miguel Romero, 17, loved music — he had eclectic tastes, his mom told The Gazette, but gravitated toward music you could really “feel from your soul.” He was a musician himself; he’d gotten hooked on it at an after-school program he joined last year. Miguel, whose artist name was Smalls, was shot and killed in December in Colorado Springs. He was always ready to help those around him, a deeply loyal friend who left an impression on everyone he encountered. One example: Not long after he joined the music after-school program, Miguel convinced his entire group of friends to join, too, the program’s founder said. At a celebration of life hosted by the program, about 160 people showed up to remember Miguel and share their grief. “The amount of kids that just came up and said so many good things about him really just showed his character,” the program’s founder said. “I feel like Miguel really just had a soul to help people in general, but the most impact that he could make was on the kids that were surrounding him.”
Spotlight on Solutions
State mandates that require gun owners to report lost or stolen firearms fill a gap in federal law: While firearms dealers are required to report lost or stolen guns within 48 hours, there’s no similar federal requirement for individual gun owners. As The Trace’s Chip Brownlee reported in the latest edition of The Trajectory, these laws do more than enable law enforcement to track down stolen guns faster — they can also help to identify trends of suspicious purchases and “thefts” to suss out cases of straw purchasing and gun trafficking.
In 2017, The Trace found that just 11 states had requirements for reporting lost and stolen guns on the books. Six more states have adopted them since then, bringing the total to 17. This year, as legislative sessions heat up, at least four states may vote on bills to enact new requirements, and two more are considering bills that could strengthen existing requirements.
Pull Quote
“When we find a 20-year-old with a gun illegally, we assume that ‘oh, they’re probably a shooter’ or they’re probably linked to a bunch of homicides we haven’t solved. … The chances of that are less than the likelihood that they have a gun because they’re fearful of where they live.”
— David E. Olson, a professor in the Criminal Justice and Criminology Department at Loyola University Chicago, on why he believes courts should practice a more holistic approach when sentencing people for gun possession, to The Trace
