Mexico Pushes to Hold U.S. Gun Makers Responsible In New Lawsuit

The fight to hold gun manufacturers responsible for the carnage their guns cause has taken a new step forward after Mexico announced last week that it was suing several U.S. gun makers and distributors for damages because of their allegedly negligent practices.

The lawsuit puts the responsibility of “massive damages'' caused by the gun makers on the shoulders of the U.S., according to the suit. The Mexican government explains that over the past several decades, Mexican citizens have been “victimized by a deadly flood of military-style and other particularly lethal guns that flow from the U.S. across the border, into criminal hands in Mexico.”

The lawsuit goes on to allege that this massive influx of arms is not accidental and instead, is a “deliberate action in business practice” on the part of U.S. gun makers. While the Mexican government is seeking damages, the lawsuit does not specify how much. However, Mexico has indicated that they expect roughly $10 billion in damages because of the economic losses due to gun violence throughout their country.

Guns trafficked into Mexico have become synonymous with the country because of the operations conducted by Mexican cartels. In the country itself, citizens are allowed to have firearms; however, it is extremely difficult to obtain them. The only gun shop is located in Mexico City and is controlled by the Mexican Army which has strict regulations when it comes to handing out gun permits.

On average, the gun shop hands out roughly 50 permits a year. Despite this, thousands of firearms are circulating throughout the nation. Over 200,000 firearms are estimated to be trafficked into the country from the U.S. every year with most if not all landing in the hands of criminals. The suit highlights that an estimated 70% to 90% of the guns used in crime scenes in Mexico can be traced back to the United States.

Some of the nation's most popular gun manufacturers, including Smith & Wesson, Beretta, Ruger, Colt, and others are at the center of this lawsuit. While the Mexican government intends to push forward with its complaint, the National Shooting Sports Foundation has spoken out against the claims, calling them "baseless."

Lawrence Keane, the foundation’s senior vice president, shared a statement that points the blame right back at the Mexican government, calling them responsible for the crime and corruption that is going on throughout their country. "It is these cartels that criminally misuse firearms illegally imported into Mexico or stolen from the Mexican military and law enforcement. Rather than seeking to scapegoat law-abiding American businesses, Mexican authorities must focus their efforts on bringing the cartels to justice," Kean shared.

While the push to have U.S. gun manufacturers held accountable has been deemed a long shot by experts, that hasn't stopped the Mexican government from highlighting how these gun manufacturers target the cartel in order to get their guns in their hands.

The complaint uses Colt .38 caliber "Emiliano Zapata 1911" as a striking example of intentional targeting. The pistol is gold plated and engraved with a Zapata quote that reads, "It's better to die standing than to live on your knees." The complaint argues that the gun’s aesthetic has been popularized by cartel bosses and was the same gun used on a 2007 murder of Mexican investigative journalist Miroslava Breach.

The complaint also cites how the number of homicides in Mexico has been proportional to the number of guns manufactured in the United States. The lawsuit comes complete with a graph that shows how murders and guns manufactured are proportional to one another. Following 2008, murders throughout the country rose at an alarming rate, with over 25,000 homicides happening in 2011.

The complaint goes on to explain that along with increasing homicide rates, the negligence on behalf of the gun manufacturers has destabilized the economy after the cartel shot and killed a Mexican mayor for the first time.

This latest complaint comes on the heels of another gun manufacturer, Remington, taking responsibility for its part in the horrific Sandy Hook Elementary school shooting. Remington has not been listed in Mexico’s lawsuit.

While this lawsuit will likely face an uphill battle because of laws like the 2005 Protection of Lawful Commerce in Arms Act, which makes civil lawsuits against gun manufacturers difficult if not impossible, it is a step forward in putting the attention on gun manufacturers as far as regulation and accountability go.