Nate Raymond

BOSTON, (Reuters) –A U.S. judge questioned Tuesday whether allowing Mexico the right to sue U.S. guns manufacturers for facilitating drug cartels’ trafficking in weapons would allow other countries to sue them. This includes Russia regarding firearms that were used by Ukrainians during the current war.

U.S. District Judge F. Dennis Saylor in Boston raised that prospect as he weighed whether to dismiss Mexico’s $10 billion lawsuit seeking to hold gun makers including Smith & Wesson and Sturm, Ruger & Co responsible for a deadly flood of weapons across the border.

Mexico sued the firms in August, accusing them of undermining its gun laws. The companies were accused of designing, marketing and distribution military-style assault guns in ways they knew would empower drug cartels, resulting in murders and kidnappings.

According to the lawsuit, more than 500,000 firearms are being trafficked from the United States each year into Mexico. Of these, 68% were made by the gunmakers it sued.

Jonathan Lowy from Mexico, who was a lawyer, said that “they know how criminals are getting guns”. They could have stopped, but they chose to ignore the facts.

Saylor, however, questioned whether Mexico’s position would mean that gun manufacturers are no longer protected under federal Protection of Lawful Commerce in Arms Acts (PLCAA), from suits arising out of their product misuse.

He wanted to know why Mexico was able to sue the gunmakers. Italy could be sued over mafia deaths, Israel could have been sued over terrorist attacks on Israel, and Russia could even sue Russia for killing its soldiers in Ukraine.

“If Ukrainians are using United States manufactured military weapons or Smith & Wesson revolvers for that matter to defend themselves, can the government of Russia come in and say you have caused us harm?” He asked. He asked.

Steven Shadowen (another lawyer representing Mexico) said that other countries could also sue if they meet the requirements. However, he stated that U.S. courts can refuse to hear cases if there is a political issue.

But Andrew Lelling, a lawyer for Smith & Wesson, said it would be “absurd” to conclude the federal law only bars lawsuits over injuries in the United States and not Mexico’s allegations over the trafficking of guns to Mexican criminals.

Mexico could not sue for gun sales, which were legally allowed in the United States to wholesalers. These wholesalers then sold guns to retailers.

Lelling stated that they would need to prove Congress meant for the robust statute to be applied if an individual criminal actor killed someone in San Diego but not if it is if he crosses over to Tijuana and kills another person.”