By Nate Raymond
(Reuters) -A U.S. judge dismissed on Wednesday much of Mexico’s $10 billion lawsuit seeking to hold U.S. gun manufacturers responsible for facilitating the trafficking of firearms to violent drug cartels across the U.S.-Mexico border.
U.S. District Judge Dennis Saylor in Boston dismissed claims against six of the eight companies that Mexico sued in 2021, including Sturm, Ruger and Glock, calling their connection to Massachusetts, where the case was filed, “gossamer-thin at best.”
Mexico’s foreign ministry responded by saying that legal action against the six firms would continue and that it was considering presenting an appeal or resorting to other U.S. courts.
“This decision does not affect the lawsuit against these two companies nor does it absolve the other six companies of responsibility,” the ministry told Reuters.
The two remaining defendants are Smith & Wesson Brands, which in 2021 announced it was relocating to Tennessee from Massachusetts over gun regulations, and wholesaler Witmer Public Safety Group.
In his decision, Saylor said none of the six companies was incorporated in Massachusetts, and that Mexico did not show that any firearms sold in Massachusetts caused it harm.
While Mexico argued that statistically it was likely that some firearms sold in Massachusetts were eventually illegally trafficked to Mexico, Saylor said the country lacked sufficient evidence to establish jurisdiction.
Others companies dismissed from the case included Barrett Firearms Manufacturing; Colt’s Manufacturing, a unit of Colt CZ Group; Century International Arms, and Beretta.
Lawrence Keane, general counsel of industry trade group National Shooting Sports Foundation, welcomed Saylor’s decision to reject Mexico’s “obvious forum-shopping,” and expressed optimism that the U.S. Supreme Court would toss the rest of the case.
The companies in April asked the Supreme Court to review a federal appeals court decision that the case qualified for an exception to a law called the Protection of Lawful Commerce in Arms Act that grants the firearms industry broad protection from lawsuits over misuse of their products.
Steve Shadowen, a lawyer representing Mexico, said the country was disappointed in the decision, and considering whether to appeal the dismissed claims, refile them in other courthouses, or pursue other legal options.
Mexico accused the gun manufacturers of undermining its strict gun laws by designing, marketing and distributing military-style assault weapons in ways they knew would arm drug cartels and fuel murders, extortions and kidnappings.
The country said more than 500,000 guns are trafficked annually to Mexico from the United States, more than 68% of which are made by companies it sued.
Mexico said the smuggling has contributed to high rates of gun-related deaths, declining investment and economic activity and a need to spend more on law enforcement and public safety.
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