Courthouse Steps Oral Argument: Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos

In Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos Mexico brought suit against several U.S. gun manufacturers including Smith & Wesson, alleging, among other things, that they were in part liable for the killings perpetrated by Mexican cartels. Mexico argued that the gun manufacturers know the guns they sell are/may be illegally sold to the cartels and thus are the proximate causes of the resulting gun violence.

The manufacturers argued that they were immune from such suits under the U.S. Protection of Lawful Commerce in Arms Act (PLCAA), which protects U.S. gun manufacturers from certain types of liability, though not universally, as it contains a predicate exception for manufacturers who knowingly violate applicable federal (and potentially international) law.

The district court ruled in favor of the manufacturers and Mexico appealed. The First Circuit agreed that while the protections of PLCAA were applicable to the manufacturer, they might still be liable under the predicate exception. The Supreme Court is set to hear oral arguments on March 4, 2025.

Join us for a Courthouse Steps program where we will discuss the case and analyze how oral arguments went before the Court.

Featuring:

• Brian W. Barnes, Partner, Cooper & Kirk PLLC

*******

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.