Explore The NRA Universe Of Websites

APPEARS IN News

Mexico, U.S. Gun Control Activists Lose Big at Supreme Court

Monday, June 9, 2025

Mexico, U.S. Gun Control Activists Lose Big at Supreme Court

For the second year in a row, gun control advocates have lost a unanimous decision at the U.S. Supreme Court. This time the issue was whether Mexico, aided by anti-gun activists stateside, could sue American gun manufacturers for the violence Mexican drug cartels have committed with illegally obtained firearms. The Court shot down Mexico’s complaint in a rare 9-0 ruling, written by Barack Obama appointee Justice Elena Kagan. The opinion reinforced the continued vitality of the Protection of Lawful Commerce in Arms Act (PLCAA), a statute Congress passed to block suits like this that seek to use the courts to impose gun control rejected by elected legislatures.

The case, Smith & Wesson Brands v. Estados Unidos Mexicanos, was decided June 5.

We have been reporting on Mexico’s lawsuit since its inception. The NRA has also participated in the case by filing friend of the court briefs at critical points in its progression. Essentially, Mexico accused various U.S. firearm makers of “aiding and abetting” cartel violence in Mexico through their business practices. These included, so the plaintiff claimed, selling guns to dealers who they know illegally supply traffickers; failing to impose extra legal safeguards in conducting business; and designing and marketing guns that, while perfectly legal in the U.S., happen to appeal to cartel members.

The question before the Court was whether these allegations established a plausible claim that the manufacturers “knowingly violated a State or Federal statute applicable to the sale or marketing of the product, and the violation was a proximate cause of the harm for which relief is sought[.]” Such violations are an exception to the PLCAA’s general rule that firearms manufacturers and sellers are not liable for harms arising from third party crimes committed with their products.

The justices found that Mexico had not articulated any valid claims of a knowing violation of law on the gunmakers’ part.

Justice Kagan’s opinion succinctly disposed of each of Mexico’s theories. While the Court recognized that plaintiffs theoretically could use the federal aiding and abetting statute to get around the PLCAA, it held Mexico’s broadly conceived claims were too vague and insubstantial to allege the defendants knowingly participated in violations of gun laws. In other words, according to the Court, “Mexico has not adequately pleaded what it needs to: that the manufacturers participate in those [illegal] sales as in something that they wish to bring about and seek by their action to make succeed” (internal punctuation and formatting omitted).

First, the Court held that mere knowledge that legal gun sales sometimes contribute to downstream illegal activity does not, without more, establish culpability. Indifference, wrote the Court, is not the same thing as assistance. The plaintiffs, moreover, did not cite any specific transactions they claimed violated the law, nor did they account for the fact that manufacturers were supplying guns to distributors, not directly to dealers. “Mexico’s allegations on this score,” the Court wrote, are “all speculation.”

The Court also rebuffed the claim that the manufacturers had a duty to regulate dealers of their products beyond the requirements of the law. “Such omissions and inactions, especially in an already highly regulated industry, are rarely the stuff of aiding-and-abetting liability,” the Court observed (internal quotations and formatting omitted). “A manufacturer of goods is not an accomplice to every unaffiliated retailer whom it fails to make follow the law.”

Finally, the justices dismissed Mexico’s claims that making and advertising high performance firearms like the AR-15 and pistols with names and graphics alluding to Mexican folk heroes somehow count as aiding and abetting criminal activity. As the Court correctly noted, “those products are both widely legal and bought by many ordinary consumers.” Indeed, the justices recognized, “[t]he AR–15 is the most popular rifle in the country.”  Echoing language NRA-ILA itself used in writing about the case, the Court held: “The manufacturers cannot be charged with assisting in criminal acts just because Mexican cartel members like those guns too.” Meanwhile, the pistols mentioned by the plaintiff are also likely appealing to “millions of law-abiding Hispanic Americans.” Brushing off a claim that manufacturers “have not attempted to make guns with non-defaceable serial numbers,” the Court held, “the failure to improve gun design in that way (which federal law does not require) cannot in the end show that the manufacturers have joined both mind and hand with lawbreakers in the way needed to aid and abet.”

Justice Thomas filed a concurring opinion pointing out the need for the Court to consider, in an appropriate case, what counts as a “violation” that could establish an exception to the PLCAA. He noted that Mexico had not identified any collateral criminal convictions supporting the alleged violations and that their attempt to establish these supposed crimes under the lower standard of a civil case raised due process concerns.

Justice Jackson also filed a concurrence, underscoring how Mexico’s theory of the case struck at the heart of what Congress was trying to prevent with the PLCAA. She noted, “Activists had deployed litigation in an effort to compel firearms manufacturers and associated entities to adopt safety measures and practices that exceeded what state or federal statutes required.” And the “PLCAA embodies Congress’s express rejection of such efforts—stymying those who, as Congress put it, sought ‘to accomplish through litigation that which they have been unable to achieve by legislation.’” Mexico’s essential failure, she emphasized, was to fault “the industry writ large for engaging in practices that legislatures and voters have declined to prohibit.”

The Supreme Court’s decision comes at a crucial time, as gun control activists backed by billionaire donors have revived lawfare against the firearms industry, and anti-gun states – encouraged by the former Biden-Harris administration – sought to create statutory loopholes to the PLCAA’s coverage to facilitate these suits. Those dubious efforts now have even bigger obstacles to overcome, thanks to the Court’s unified affirmation of the federal protections.

As the Court summarized:

Mexico’s suit closely resembles the ones Congress had in mind: It seeks to recover from American firearms manufacturers for the downstream damage Mexican cartel members wreak with their guns. Of course, the law Congress wrote includes the predicate exception, which allows some suits falling within PLCAA’s general ban to proceed. But that exception, if Mexico’s suit fell within it, would swallow most of the rule. We doubt Congress intended to draft such a capacious way out of PLCAA, and in fact it did not.

Two unanimous Supreme Court losses in consecutive years should provide a clue to the firearm prohibition lobby (and their funders) that they’re losing the plot. For now, at least, it’s adios to Mexico and to the hope of the American gun lobby to gut the PLCAA.

TRENDING NOW
Virginia: Multiple Gun Control Bills Advance in Senate

Tuesday, January 27, 2026

Virginia: Multiple Gun Control Bills Advance in Senate

On Monday, January 26th, the Senate Courts of Justice Committee advanced a slate of gun control bills targeting semi-automatic firearms, standard capacity magazines, carry rights, home storage, and more.

The Stakes are High as U.S. Supreme Court Considers Anti-gun “Vampire Rule”

News  

Monday, January 26, 2026

The Stakes are High as U.S. Supreme Court Considers Anti-gun “Vampire Rule”

On Tuesday, Jan. 20, the U.S. Supreme Court held oral arguments in a Second Amendment case that asked whether handgun carry licensees could be presumptively banned from carrying their arms onto publicly accessible private property. 

ATF Rewrites Rules for Addicts/Unlawful Drug Users as Supreme Court Case Looms

News  

Monday, January 26, 2026

ATF Rewrites Rules for Addicts/Unlawful Drug Users as Supreme Court Case Looms

On Jan. 22, ATF published an interim final rule (IFR) that revises the agency’s approach to determining who is an “unlawful user of or addicted to any controlled substance” and therefore prohibited from owning or receiving firearms ...

Commonwealth Countries Continue to Illustrate Folly of Overreach on Guns

News  

Monday, January 26, 2026

Commonwealth Countries Continue to Illustrate Folly of Overreach on Guns

As America gets ready to embark on its 250th birthday celebrations, it’s a good time to assess and appreciate how lucky we are, with constitutional protections of speech and gun rights. Nothing puts that into ...

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

Second Amendment Momentum: Quick Takeaways from SHOT Show

News  

Monday, January 26, 2026

Second Amendment Momentum: Quick Takeaways from SHOT Show

Last week’s 48th annual SHOT (Shooting, Hunting, and Outdoor Trade) Show hosted by the National Shooting Sports Foundation (NSSF)) showcased not only the latest and greatest guns and gear, but an invigorated and promising outlook for the Second ...

Grassroots Spotlight – VCDL Lobby Day

News  

Monday, January 26, 2026

Grassroots Spotlight – VCDL Lobby Day

On January 19th, grassroots activists came together in Richmond for the Virginia Citizens Defense League (VCDL) Lobby Day, and it was a resounding success.

New Mexico: Anti-Gun Legislation to be heard Wednesday in Senate Committee

Tuesday, January 27, 2026

New Mexico: Anti-Gun Legislation to be heard Wednesday in Senate Committee

Tomorrow, the New Mexico Senate Health & Public Affairs Committee is scheduled to hold a hearing on an omnibus gun control package that would severely undermine the Second Amendment rights of law-abiding New Mexicans and threaten ...

Virginia: Multiple Gun Control Bills Up in Committee on Monday

Friday, January 23, 2026

Virginia: Multiple Gun Control Bills Up in Committee on Monday

On Monday, January 26th, the Senate Courts of Justice committee will hold a hearing on over a dozen gun control bills, including semi-automatic bans and concealed carry prohibitions. The hearing will begin at 8am.

Virginia: Gun Bills in Committee This Thursday

Tuesday, January 20, 2026

Virginia: Gun Bills in Committee This Thursday

On Thursday, January 23rd, the House Public Safety Subcommittee – Firearms will hold a hearing on several pro-gun measures.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.