California Attorney General Rob Bonta has joined a coalition of 17 state attorneys general in submitting an amicus brief to the U.S. Supreme Court. The brief supports Mexico's lawsuit against gun manufacturers, aiming to hold them accountable for contributing to gun violence in Mexico. The case, Estados Unidos Mexicanos v. Smith & Wesson Brands, Inc., is under review by the Court after the First Circuit ruled that the Protection of Lawful Commerce in Arms Act (PLCAA) does not protect firearm manufacturers and distributors from this lawsuit.
Attorney General Bonta emphasized the responsibility of companies to abide by laws, stating, "It is our duty to ensure that companies are held accountable when they violate the law — manufacturers and distributors of firearms who threaten the safety of our communities are no exception." He further criticized PLCAA as not providing immunity to gun manufacturers who distribute weapons known to be trafficked into communities both in Mexico and the United States.
In Mexico, legal firearm purchases are severely restricted, with only one gun store issuing fewer than 50 permits annually. Despite these restrictions, approximately 200,000 firearms are trafficked into Mexico each year from the United States. A 2020 report from the U.S. Government Accountability Office highlighted that 70% of firearms recovered in Mexico between 2014 and 2018 originated from the U.S.
The Mexican government filed a lawsuit in 2022 against eight gun manufacturers and a distributor, accusing them of knowingly allowing their firearms to be illegally trafficked into Mexico. The lawsuit alleges these actions violated laws related to firearm sales or marketing and directly harmed Mexico and its citizens.
Initially dismissed by a U.S. District Court in Massachusetts, Mexico's lawsuit was reinstated by the First Circuit on appeal. The appellate court found that Mexico's allegations met PLCAA’s “predicate exception,” suggesting that defendants may have aided unlawful firearm sales linked to drug cartels and caused harm as claimed by Mexico.
The coalition's brief argues for upholding the First Circuit's decision, asserting that PLCAA should not exempt firearms industries from accountability for their role in fueling gun violence in Mexico. They contend that states have authority under PLCAA to address harmful conduct affecting residents and argue against any interpretation shielding firearm industries from liability due to independent criminal misuse of guns.
Joining Attorney General Bonta are his counterparts from Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, and Vermont.
A copy of the brief is available for public access.