In a unanimous opinion, delivered by Justice Kagan, the Supreme Court held:
Because Mexico’s complaint does not plausibly allege that the defendant gun manufacturers aided and abetted gun dealers’ unlawful sales of firearms to Mexican traffickers, PLCAA bars the lawsuit
— 605 U.S. ____ (2025)
— 605 U.S. ____ (2025)
Thomas and Jackson both wrote concurring opinions. I have not read them yet.
This is a huge win. In just the skim I did, they specifically call out advertising as being irrelevant.
I intend to have an article on Saturday. This case advances Second Amendment jurisprudence.
Comments
3 responses to “Smith & Wesson v. Mexico”
The current perspective of the mainstream media is that this is not a 2A case. They are partially correct.
This is a tort case in regard to who has standing to sue for damages as a tortfeasor and who has liability for damages.
The plantiffs in this case were manufacturers of a legal product that was legally distributed to a wholesaler. The wholesaler then distributed the legal product to a retailer or distributor. Therefore, the manufacturer had no control over who the end purchaser was or their intent of use.
The original claim was brought in Massachusetts courts (I believe, but could be wrong.) where it was allowed to proceed up to SCOTUS. That’s because the tortfeasors were emboldened by rulings against Remington Arms in the Sandy Hook liability claims.
It makes about as much sense as successful lawsuits against automobile manufacturers for DWI or speed related deaths and damages because “cars are easy to drive while drunk” or “made to go really fast”.
In a narrow sense it isn’t a 2A case. But in a broader sense it absolutely is. A major goal of anti-gun politicians is to make it harder to make and buy guns, and in particular to gut or eliminate the PLCAA. The infamous case in CT involving Remington (?) and a school shooting is a case in point, and one wonders if the defendant in that case would have fared better if he had been able to appeal to SCOTUS under the precedent just set.
As various writers remind us, they want us dead. Failing that, they want us broke.
if courts are going to hold firearms manufacturers and owners accountable for crimes they weren’t involved in then courts need to hold lawyers, judges, court clerks accountable when they let violent offenders out on 10 cent bail and they commit crimes. Im sick and tired of thei bullshiite constantly being bleated out by ignorant news organizations and liberal morons who aint got a clue. when liberals pass gun control laws thet fail hold liberals accountable! firearms are the ONLY tool blamed for human misuse