Dear GAGV,

For lawyers, waiting for a decision from a court or a verdict from a jury is like waiting for news from the doctor as you pace in a hospital lounge. You’ve done all you can do, so now you’re anxious – and powerless.

That’s kind of how I feel now as we wait for a decision to be announced from the Supreme Court of the United States in Estados Unidos Mexicanos v. Smith & Wesson, et al., which could come any day. 

This will be the first time that the Supreme Court has ever considered a case involving the liability of gun companies. Whatever the Court decides will be extraordinarily impactful for those of us who seek to end gun violence and reform dangerous gun industry practices that cause so much death and injury. While the headlines may focus on whether the Court reverses Mexico’s win in the First Circuit, it will be just as important – or more important – to see whether the Court accepts or rejects the gun manufacturers’ call for sweeping immunity from virtually all liability. The details of the Court’s opinion (or possibly multiple opinions) may well establish limits to what lawsuits against gun manufacturers are permitted under the Protection of Lawful Commerce in Arms Act, and set guidelines about what must be alleged to bring such suits. Such a decision would likely mark a new chapter in gun industry litigation.

Once the opinion is issued, GAGV’s attorneys will thoroughly analyze it, and we will share our analysis with you all. But for now, as we wait, it is worth considering all that Mexico’s groundbreaking litigation has accomplished already – and will have accomplished, regardless of how the Supreme Court decides. 

Mexico’s lawsuit led to the creation of Global Action on Gun Violence, and together we have launched broader anti-gun trafficking actions that have broken new ground in the fight against gun violence, including:

• Demonstrated how international litigation can be used to hold the gun industry accountable by blazing a trail of new litigation strategies:
  • Mexico’s Smith & Wesson lawsuit was the first ever by a sovereign country against gun manufacturers.
  • Mexico followed up by bringing the first lawsuit ever by a sovereign country against gun dealers (Estados Unidos Mexicanos v. Diamondback Shooting Sports, Inc., et al.).
• Won the most impactful court rulings against gun manufacturers and gun dealers, by allowing Mexico’s claims against them to proceed.
  • In Estados Unidos Mexicanos v. Diamondback Shooting Sports, Inc., et al., the Arizona district court ruled that Mexico could proceed on its claims that gun dealers who supply traffickers should be liable for damage caused to Mexico, and that the U.S. “Tiahrt” law does not protect gun dealers from producing their crime gun records in litigation, a hugely impactful ruling that limits the gun industry’s evidence shield.
  • In Estados Unidos Mexicanos v. Smith & Wesson, et al., the U.S. Court of Appeals for the First Circuit held that Mexico’s claims that gun manufacturers can be liable for their role in supplying gun traffickers is not shielded by the U.S. gun industry protection law. The decision was the most impactful ever against the U.S. gun industry. Even if that decision is amended or reversed by the U.S. Supreme Court, it is likely that aspects of it will still be useful to Mexico and others seeking to stop the crime gun pipeline.
• Launched an international campaign to expose and stop the gun industry from causing gun trafficking, with several countries supporting Mexico’s call for liability and inspiring discussions in:
  • the United Nations
  • the Organization of American States
  • the Inter-American Commission on Human Rights
  • the Inter-American Court for Human Rights,
  • CARICOM: Caribbean community, and
  • other tribunals and fora.
• Shined a spotlight on the problem of gun trafficking from the U.S. to Mexico and the role of the gun industry, including with major media coverage in:
  • CBS’s 60 Minutes
  • The New York Times
  • Rolling Stone
  • NPR
  • BBC
  • Le Monde

In many significant ways, Mexico has won a great deal already from its litigation – and GAGV is proud to have helped lead that effort. I believe that whatever the Supreme Court rules, the trail that we have helped blaze, and will continue to blaze, will ultimately end the gun industry’s grip on U.S. gun policy, and will lead to the end of the global gun violence crisis.

As supporters of GAGV, I hope you all take some pride in these accomplishments as well.

In solidarity,

Jon

Jon Lowy
Founder & President

P.S. Donate now to help Global Action on Gun Violence continue the fight!

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