During oral arguments in Mexico’s ongoing lawsuit against Smith & Wesson and a U.S. distributor, Smith & Wesson attorney Noel Francisco argued that Mexico’s claims are akin to holding beer makers liable for car accidents resulting from underage drinking.
On August 4, 2021, Breitbart News reported the government of Mexico was suing six American gun makers and one Boston-area wholesaler, claiming “massive damage” created by “unlawful trafficking” of firearms to cartel and criminal elements.
The number of entities being sued eventually reached eight in total.
The government of Mexico’s suit opened with trafficking claims and named the six manufacturers and the wholesaler:
Plaintiff Estados Unidos Mexicanos (the “Government”), a sovereign nation, brings this action to put an end to the massive damage that the Defendants cause by actively facilitating the unlawful trafficking of their guns to drug cartels and other criminals in Mexico. Almost all guns recovered at crime scenes in Mexico — 70% to 90% of them — were trafficked from the U.S. The Defendants include the six U.S.-based manufacturers whose guns are most often recovered in Mexico — Smith & Wesson, Beretta, Century Arms, Colt, Glock, and Ruger. Another manufacturer defendant is Barrett, whose .50 caliber sniper rifle is a weapon of war prized by the drug cartels. The remaining defendant — Interstate Arms — is a Boston-area wholesaler through which all but one of the defendant manufacturers sell their guns for re-sale to gun dealers throughout the U.S.
On October 4, 2024, Breitbart News reported that the Supreme Court of the United States (SCOTUS) would hear Smith & Wesson’s bid to end Mexico’s $10 billion lawsuit.
On Tuesday, Reuters quoted Smith & Wesson attorney Noel Francisco telling SCOTUS:
If Mexico is right, then every law enforcement organization in America has missed the largest criminal conspiracy in history operating right under their nose, and (beer maker) Budweiser is liable for every accident caused by underage drinkers since it knows that teenagers will buy beer, drive drunk and crash.
Smith & Wesson contends that Mexico’s lawsuit should be dismissed under the Protection of Lawful Commerce in Arms Act (2005).
AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio, a member of Gun Owners of America, a Pulsar Night Vision pro-staffer, and the director of global marketing for Lone Star Hunts. He was a Visiting Fellow at the Russell Kirk Center for Cultural Renewal in 2010 and has a Ph.D. in Military History. Follow him on Instagram: @awr_hawkins. You can sign up to get Down Range at breitbart.com/downrange. Reach him directly:
