Dwight sent over the text of a firearms case decision in “ESTADOS UNIDOS MEXICANOS, Plaintiff, v. SMITH & WESSON BRANDS, INC.” etc., or Mexico v Smith & Wesson et. al. (“Barrett Firearms Manufacturing, Inc.; Beretta USA Corp.; Century International Arms, Inc.; Colt’s Manufacturing Company, LLC; Glock, Inc.; Sturm, Ruger & Co., Inc.; and Witmer Public Safety Group, Inc. d/b/a Interstate Arms.”)
The lawsuit was filed in the United States District Court for Massachusetts (because venue shopping) and the decision was handed down by Chief Judge F. Dennis Saylor IV.
TLDR summary: Judge Saylor threw out the case.
A U.S. federal judge on Friday dismissed a lawsuit brought by the Mexican government against U.S. gun manufacturers arguing their commercial practices has led to bloodshed in Mexico.
Judge F. Dennis Saylor in Boston ruled Mexico’s claims did not overcome the broad protection provided to gun manufacturers by the Protection of Lawful Commerce in Arms Act passed in 2005.
The law shields gun manufacturers from damages “resulting from the criminal or unlawful misuse” of a firearm.
Quoting the text of the decision itself (which does not yet appear to be online anywhere):
Unfortunately for the government of Mexico, all of its claims are either barred by federal law or fail for other reasons. The PLCAA unequivocally bars lawsuits seeking to hold gun manufacturers responsible for the acts of individuals using guns for their intended purpose. And while the statute contains several narrow exceptions, none are applicable here.
This Court does not have the authority to ignore an act of Congress. Nor is its proper role to devise stratagems to avoid statutory commands, even where the allegations of the complaint may evoke a sympathetic response. And while the Court has considerable sympathy for the people of Mexico, and none whatsoever for those who traffic guns to Mexican criminal organizations, it is duty-bound to follow the law.
Accordingly, and for the reasons set forth below, the motions
to dismiss will be granted.
Not a picture of Judge Saylor.
This, of course, is the proper outcome. Lawful American gun manufacturers can’t be held accountable for the misuse of their products, nor should they be made scapegoats for Mexico’s inability to control their own criminal cartels.