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Gun Makers being sued by Mexico can turn the tables on them

Written By | Aug 6, 2021
Mexico, Guns, Fast and Furious, Law Suit, Eric Holder, Barack Obama, Fast and Furious, El Chap

Weapons recovered by Mexican military in Naco, Sonora, Mexico on November 20, 2009. By ATF – DOJ OIG Report 19 Sep 2012 http://www.justice.gov/oig/reports/2012/s1209.pdf, Public Domain, https://en.wikipedia.org/w/index.php?curid=37454916

BOSTON, MA: A civil lawsuit was filed Wednesday, August 4th, in a U.S. Circuit court in Boston by the Mexican government. In an unprecedented move, the government of Mexico sued United States gun manufacturers Smith & Wesson Brands, Inc.; Barrett Firearms Manufacturing, Inc.; Beretta U.S.A. Corp.; Colt’s Manufacturing Company LLC, and Glock Inc. They also filed suit against Interstate Arms, a Boston-area wholesaler who sells guns from all but one of the named manufacturers to dealers around the U.S.

Neither the manufacturers of Interstate Arms have made comments on the litigation.

The Mexican government alleges that the companies know that their practices contribute to the trafficking of guns to Mexico.

Furthermore, they claim that they facilitate the trafficking of guns to Mexico. The country is looking for 10 billion American dollars in damages for crimes of gun deaths in their country. The Mexican government,

“…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,” the lawsuit stated.

According to the Mexican Foreign Affairs Ministry, 70% of the weapons trafficked to Mexico come from the U.S. and in 2019 alone at least 17,000 homicides were linked to trafficked weapons.




NSSF senior vice president Lawrence G. Keane said,

“These allegations are baseless. The Mexican government is responsible for the rampant crime and corruption within their own borders.”

The National Shooting Sports Foundation (NSSF) is the U.S. firearm industry’s trade association.

The NSSF also disputed Mexico’s figures for the number of guns recovered at crime scenes then traced back to the U.S. 

Traces were attempted on a fraction of the recovered guns and only the ones still carrying a serial number, which is often filed off by the criminal(s). The serial number is the only way to determine the origin of the gun, whether it was sold or stolen in the U.S.

Alejandro Celorio, a Mexican legal advisor for their ministry, told reporters that the damage caused by the trafficked guns would be equal to 1.7% to 2% of Mexico’s gross domestic product. At least 10 billion American dollars in compensation.

Celorio reported Mexico’s GDP last year was more than $1.2 trillion.

“We don’t do it to pressure the United States,” Celorio said. “We do it so there aren’t deaths in Mexico.”

Remarking on the suit, Foreign Minister Marcelo Ebrard said

“The priority is that we reduce homicides,” he said. “We aren’t looking to change American laws.”

Ebrard claims Mexico did not seek the advice of the U.S. government on the matter but advised the U.S. Embassy before filing the lawsuit. Many believe the lawsuit stinks of Joe Biden however as it fits in with Democrat’s progressive anti-Second Amendment – Gun Grab narrative.

Steve Shadowen, the lead attorney representing Mexico, did his homework as he reflected about 30 U.S. cities brought similar litigation against gun manufacturers in the early 2000’s.

He reported when some cities started winning, gun manufacturers turned to Congress and got an immunity statute for the manufacturers. He said he believes this immunity doesn’t apply when the related gun injuries and deaths occur outside the United States.

“The merits of the case are strongly in our favor and then we have to get around this immunity statute which we think we’re going to win,” he said. “That statute just simply doesn’t apply. It only applies when you’re in the United States.”

Attorney Shadowen said he believes it is the first time a foreign government has sued American gun manufacturers.

University of California, Los Angeles, law professor Adam Winkler, an expert on gun policy, called Mexico’s effort a “long shot.”



“It is a bold and innovative lawsuit,” he said. “We haven’t seen anything like this before. The gun manufacturers have enjoyed broad immunity from lawsuits for two decades.”

Winkler said he had not seen arguments that the Protection of Lawful Commerce in Arms Act applies only to damages in the United States.

Firearm sales are highly restricted in Mexico and controlled by the Defense Department but it is estimated thousands of guns are smuggled into Mexico by drug cartels operating within the country.

Despite Mexico’s President Andrés Manuel López Obrador’s pledge to pacify the country, there were more than 36,000 murders in Mexico last year. The talking heads of Mexico related to this lawsuit claim a nationwide murder rate in 2020 of 29 per 100,000 inhabitants unchanged from 2019.

But a little research shows their math is suspect.

Mexico: Number of homicides by cause of death 2020 – Published by Statista Research Department, Jul 12, 2021

“In the first half of 2019, 17,123 people were murdered in Mexico. The most common cause of death was being shot with unspecified firearms or other weapons, a type of aggression that claimed 12,183 victims. Over 1.6 thousand people were killed due to the injuries inflicted with a cutting object, whereas other 1.1 thousand died by hanging, strangulation or suffocation.”

The motivations for filing this litigation by Mexico appears to be moving forward a lawsuit against Smith & Wesson

As well as a lawsuit against Century Arms that relates to a 2019 shooting in Gilroy, California, and the $33 million settlement reached by Remington with some of the families whose children were killed in the Sandy Hook Elementary mass school shooting. (Gunman in Gilroy mass shooting bought ‘assault-type rifle’ legally in Nevada, police say)

Progressive liberal attacks on gun makers have come in all forms. From how they are taxed and regulated to where they bank to who they are insured by. This move by a foreign government could be just another new tactic of the left.

UCLA law professor Winkler commented,

“The plaintiffs, in that case, made an innovative and bold argument, too. They argued that the immunity statute does not prevent these gun makers from being held liable where they act negligently.”

“Over the past year or so, we’ve seen some cracks in the immunity armor provided by federal law,” Winkler said.

“Even if this lawsuit moves forward, it will be extremely difficult for Mexico to win because it will be hard to show that this distribution process or their distribution practices are a manifestation of negligence on the part of the gun makers.”

One would think these gun manufacturers will come out with both guns blazing filing countersuits against the governments of both Mexico and the United States.

After all, the problem of gun violence in Mexico by American-made guns is more about a lack of border security. Including a secure border wall which Democrats have been fighting with the assistance of George Soros Open Border payoffs, rather than anything the gun makers have been doing wrong.

The Obama-Biden-Holder Fast and Furious 

If the American gun makers really want to get down to brass tacks, they could use the Barack Obama, Joe Biden and Eric Holder botched the illegal Operation Fast and Furious. (El Chapo Guzman’s Fast and Furious deal with Obama

Their “gunwalking”, or “letting guns walk”, was a tactic of the the Arizona U.S. Attorney’s Office and the Arizona Field Office of the United States Bureau of Alcohol, Tobacco, Firearms (ATF) between 2006-2011. The ATF, “purposely allowed licensed firearms dealers to sell weapons to illegal straw buyers, hoping to track the guns to Mexican drug cartel leaders and arrest them”.

It did not work. It failed in huge ways leading to the death of Border Patrol Officer Brian Terry. (Former AG Eric Holder tells Dems to stop badmouthing Obama’s legacy)

President George W. Bush started the program and ended it before Obama took office. Bush knew it was a failure as the guns never showed up again. Most likely because their serial numbers were ground off.

Obama began the program a second time, creating his own Watergate,  but the MSM glossed over the scandal to protect him. (Obama’s 29 scandals and the media’s campaign to hide them)

Federal officials and offices are no longer able to pick and choose which laws they want to follow and/or enforce. Yet they do.  All the time.

Perhaps the best thing the gun makers can do at this point in time is to encourage all the families who have lost loved ones at the hands of both criminal Mexican illegal aliens and illegal drugs to counter-sue the negligent Mexican government.

A tourism boycott by Americans to Mexico might be a good next move as well. American tourism is worth about 20 billion dollars per year to Mexico.

Logically, we need a border wall built and co-funded by Mexico and the United States to control people and things moving in and out of our respective countries.

The Mexican government has never shown as much interest in protecting its border with the United States as the United States has. This needs to change.

Gun deaths in Mexico are not the fault of American gun makers.

It is the fault of inept Mexican politicians refusing to address problems logically and systematically. In too many instances these same politicians have been proven to be in bed with the drug cartels.

If Mexico can sue American gun makers for gun deaths there, perhaps we can sue Mexico for fentanyl deaths that start at the border.

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Read more from Mark Schwendau

About the author:

Mark Schwendau is a Christian conservative patriot and retired technology professor (CAD-CAM and web development). He prides himself on his critical thinking ability. Schwendau has had a long sideline of newspaper editorial writing where he used the byline, “- bringing little known facts to people who simply want to know the truth.” Mark is on alternative free speech social media platforms after lifetime bans from Facebook and Twitter and shadow bans from Instagram and Fox News commenting.

His website is www.IDrawIWrite.Tech

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Mark Schwendau

Mark Schwendau is a Christian conservative patriot and retired technology professor (CAD-CAM and web development) who prides himself on his critical thinking ability. Schwendau has had a long sideline of newspaper editorial writing where he used the byline, “- bringing little known facts to people who simply want to know the truth.” Mark is on alternative free speech social media platforms after lifetime bans from Facebook and Twitter and shadow bans from Instagram and Fox News commenting. His website is www.IDrawIWrite.Tech