“Sol Prendido” for Borderland Beat
Rosemary Márquez, of the Federal Court for the District of Arizona, based in Tucson, ruled, on March 25, 2024, that the Mexican Government could move forward with a lawsuit that accused five arms sales companies of said entity of the United States. Of participating in the trafficking of weapons and ammunition to drug trafficking cartels in Mexico.
The federal judge rejected the arguments of the distributors – Diamondback Shooting Sports Inc, SnG Tactical LLC, Loan Prairie LLC, Ammo AZ LLC and Sprague’s Sports Inc -, who argued that they enjoyed a so-called “immunity from prosecution” under the Trade Protection Act. Arms Law (PLCAA), which since 2005 has shielded US manufacturers and distributors from receiving civil complaints for misuse of their products.
Márquez said the Government of Mexico made plausible claims that were exempt from PLCAA protection, including that the five companies violated several US laws related to firearms, causing harm to the Central American country.
The Government of Mexico alleged that Arizona gun dealers facilitated the trafficking of military-style assault weapons such as the AR-15 and ammunition to drug cartels through reckless and illegal practices, including the sale of firearms to front buyers, who illegally acquired these products for third parties.
But while the federal judge allowed much of the lawsuit to move forward, she dismissed several of the Mexican government’s individual legal claims, including the allegation that the companies violated U.S. organized crime law and caused public nuisance.
Following the decision of the US judge, the Mexican Ministry of Foreign Affairs (SRE) indicated that in the following stages of the lawsuit, evidence would be presented to demonstrate the “negligent conduct” of said companies and an attempt would be made to obtain compensation for the damage.
“Today, the Federal Court for the District of Arizona, based in the city of Tucson, handed down a favorable ruling for Mexico in its lawsuit against five gun stores located in that state. In October 2022, Mexico initiated this litigation arguing that the defendants, according to traceability data, facilitate the trafficking of high-powered weapons to our country,” the SRE said in a statement.
“In today’s ruling, Judge Rosemary Márquez established that the stores had various signals to know that the firearms they sold would end up in Mexico, and that these would be used for illicit purposes. For this reason, the Court recognized that Mexico has the right to sue on its own behalf and on behalf of its population,” the Foreign Ministry added.
“It is notable that the judge noted that Mexico successfully argued that the stores do not enjoy immunity for their negligent business practices. This decision is added to the favorable ruling of January 2024, issued within the framework of the first lawsuit presented by our country. In that ruling, a Court of Appeals ruled that weapons manufacturing companies do not enjoy immunity either and that they must respond for their conduct before a court,” the SRE emphasized.
“Following today’s decision, the District Court can continue studying Mexico’s claim. In the following stages, evidence will be presented to demonstrate the negligent conduct of the defendants, seeking to obtain compensation for the damage that will be determined by the judge,” the Foreign Ministry detailed.
“Although the defendants have the right to file an appeal, today’s decision is of great relevance for our country. “Mexico is convinced that it is supported by legal and moral reason in its legal actions against illicit arms trafficking, and will continue to promptly defend its interests and those of citizens through all means at its disposal,” the SRE insisted.
Lawyers from Mexico, including Jonathan Lowy, president of Global Action on Gun Violence (GAGV) – a US-based gun control advocacy group – explained that they hoped to strengthen this case in court.
“Today’s ruling is a big step toward holding the gun industry accountable for its contribution to gun violence and stopping the flood of guns being trafficked to cartels,” Lowy said in a statement.