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Supreme Court will weigh Mexico's US$10-billion lawsuit against U.S. gunmakers

The Supreme Court is pictured in Washington on Nov. 6, 2020. (J. Scott Applewhite / AP Photo) The Supreme Court is pictured in Washington on Nov. 6, 2020. (J. Scott Applewhite / AP Photo)
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WASHINGTON -

The Supreme Court said Friday it will decide whether to block a US$10-billion lawsuit Mexico filed against leading U.S. gun manufacturers over allegations their commercial practices have helped caused much bloodshed there.

The gun makers asked the justices to undo an appeals court ruling that allowed the lawsuit to go forward despite broad legal protections for the firearm industry.

A federal judge has since tossed out the bulk of the lawsuit on other legal grounds, but Mexico could appeal that dismissal. Mexico argues the companies knew weapons were being sold to traffickers who smuggled them into Mexico and decided to cash in on that market. The government estimates 70 per cent of the weapons trafficked into Mexico come from the United States.

The defendants include big-name manufacturers such as Smith & Wesson, Beretta, Colt and Glock. They say Mexico has not shown the industry has purposely done anything to allow the weapons to be used by cartels and is trying to “bully†gunmakers into adopting gun-control measures.

Originally filed in 2021, the lawsuit was initially tossed out by a district court who cited legal protections for gun makers from damages resulting from criminal use of firearms.

But the 1st U.S. Circuit Court of Appeals revived the case under an exception to that law. The gunmakers appealed that ruling to the Supreme Court, arguing they have followed lawful practices and the case has no business in American courts.

U.S. District Judge F. Dennis Saylor in Boston again dismissed the case against six of the eight companies in August, ruling Mexico had not provided concrete evidence that any those companies’ activities in Massachusetts were connected to any suffering caused in Mexico by guns.

Still, with some claims remaining and an appeal possible, the gunmakers argue the 1st Circuit ruling could hang over the industry for years if allowed to stand.

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