By León Castellanos-Jankiewicz
Just Security, June 23, 2025
On June 5, in Smith & Wesson Brands Inc., et al. v. Estados Unidos Mexicanos, the U.S. Supreme Court unanimously ruled that Mexico’s lawsuit against seven U.S. gun manufacturers and one distributor is barred by the immunity they enjoy under the Protection of Lawful Commerce in Arms Act (PLCAA). The opinion reversed a decision of the U.S. Court of Appeals for the First Circuit which had allowed some of Mexico’s claims to move forward.
The Court held that Mexico did not “plausibly allege that the defendant manufacturers aided and abetted gun dealers’ unlawful sales of firearms to Mexican traffickers.” As a result, it remanded the case to the U.S. District Court of Massachusetts for further proceedings. (I signed an amicus brief submitted to the Supreme Court on behalf of social science, medical, and legal scholars in support of Mexico.)
This is the first time that the Supreme Court has considered a case involving the liability of gun companies. Although Mexico did not prevail, the Court did not accept that gun companies have blanket immunity: aiding and abetting remains a possibility if arms manufacturers have an active and culpable participation in facilitating arms trafficking.
