NSSF Applauds Supreme Court's Decision in Smith & Wesson Case Against Mexico

NSSF Celebrates Supreme Court's Unanimous Ruling

The National Shooting Sports Foundation (NSSF), the trade association representing the firearm industry, is rejoicing following the U.S. Supreme Court's unanimous 9-0 decision regarding the controversial case of Smith & Wesson v. Estados Unidos Mexicanos. This landmark ruling affirmed that the Protection of Lawful Commerce in Arms Act (PLCAA) serves as a shield against claims asserting that firearm manufacturers facilitated illegal trafficking to Mexican drug cartels.

NSSF's Senior Vice President and General Counsel, Lawrence G. Keane, emphasized the significance of this ruling as a major triumph for both the firearm industry and the integrity of the law. He noted that gun control advocates had long sought to manipulate tort law to implicate legitimate firearms manufacturers in crimes committed by individuals involved in organized violence both in the United States and internationally.

"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," stated Keane. He acknowledged the serious plight of violence victims in Mexico but insisted that the firearm industry remains committed to lawful practices and collaboration with U.S. agencies to curtail illegal firearm trafficking.

The Supreme Court's decision underscores Congress's intention behind PLCAA, as it was enacted to prevent a wave of lawsuits aimed at making gun manufacturers liable for the criminal misuse of their products. The Court articulated that Mexico's claims closely mirrored those that Congress intended to obstruct, confirming the application of PLCAA in this context.

The legal challenges began in 2021 when Mexico filed a lawsuit in a Boston District Court seeking $10 billion in damages against several U.S. firearm manufacturers. This claim posited that manufacturers had “aided and abetted” cartel members in their unlawful activities. However, the district court dismissed the lawsuit based on the protections afforded by PLCAA, which prevents frivolous claims against the firearm industry resulting from third-party misuse of firearms.

Mexico's appeal to the U.S. Court of Appeals for the First Circuit temporarily revived the lawsuit under a narrow exception within the PLCAA, prompting Smith & Wesson and other manufacturers to appeal to the Supreme Court. Following oral arguments presented in March of this year, the Supreme Court's unanimous ruling decisively reinstated the original dismissal.

In his remarks, Keane reiterated the firearm industry’s commitment to responsible ownership and manufacturing practices. He highlighted ongoing partnerships with federal regulatory bodies, such as the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), to thwart illegal purchasing and smuggling activities.

The decision serves as a reaffirmation of the integrity of the U.S. firearm industry, which operates under stringent regulations aimed at ensuring public safety.

As the NSSF continues to advocate for the interests of the firearm industry, it also emphasizes the importance of maintaining a strong legal framework capable of distinguishing lawful commerce from criminal acts, ensuring that American firearms manufacturers are not unjustly held accountable for actions beyond their control.

The NSSF, founded in 1961, represents thousands of stakeholders in the firearm industry, including manufacturers, distributors, retailers, and shooting ranges. Their mission centers on promoting, protecting, and preserving hunting and the shooting sports, fostering a responsible approach to firearm legislation and ownership.

For more information about NSSF and its efforts, visit nssf.org.