Instead, the First Circuit Court of Appeals ruling means the $10 billion civil liability suit is now revived. The lower court dismissed the action due to the federal Protection of Lawful Commerce in Arms Act (PLCAA). The liability shield, according to the appeals court, did not apply to Mexico.
Mexican officials incredibly claimed that the U.S. arms industry is the root cause of its violent crime issue. Now its allegations are exempted from PLCAA protection and will move forward.
This is a clear victory for the anti-gun lobby, which has long sought to penetrate the federal law protecting gun makers from being deluged by lawsuits designed to shut them down. It sets an alarming legal precedent that undoubtedly is already being studied for application by domestic plaintiffs.
The 2005 PLCAA provides protection to the industry over unlawful actions taken by third parties.
It is hardly a blanket protection as there are exceptions built in for shoddy production or knowingly violating the law. But it proved effective in keeping litigation-happy anti-gun zealots from burdening a constitutionally protected industry.
There is still the matter of the Mexican government proving that U.S. gun makers knowingly supplied cartels with firepower. But lawyers will get their day in court to make their case that the defendants are liable.
The National Shooting Sports Foundation (NSSF) strongly criticized the decision. NSSF Senior Vice President and General Counsel Larry Keane told The Reload that legal options are being reviewed.
“The government of Mexico should spend its time enforcing its own laws and bringing Mexican criminals to justice and Mexican courtrooms, instead of scapegoating the firearm industry for their inability and unwillingness to protect Mexican citizens from the cartels.”
