Explore The NRA Universe Of Websites

APPEARS IN News

Mexico, U.S. Gun Control Activists Lose Big at Supreme Court

Monday, June 9, 2025

Mexico, U.S. Gun Control Activists Lose Big at Supreme Court

For the second year in a row, gun control advocates have lost a unanimous decision at the U.S. Supreme Court. This time the issue was whether Mexico, aided by anti-gun activists stateside, could sue American gun manufacturers for the violence Mexican drug cartels have committed with illegally obtained firearms. The Court shot down Mexico’s complaint in a rare 9-0 ruling, written by Barack Obama appointee Justice Elena Kagan. The opinion reinforced the continued vitality of the Protection of Lawful Commerce in Arms Act (PLCAA), a statute Congress passed to block suits like this that seek to use the courts to impose gun control rejected by elected legislatures.

The case, Smith & Wesson Brands v. Estados Unidos Mexicanos, was decided June 5.

We have been reporting on Mexico’s lawsuit since its inception. The NRA has also participated in the case by filing friend of the court briefs at critical points in its progression. Essentially, Mexico accused various U.S. firearm makers of “aiding and abetting” cartel violence in Mexico through their business practices. These included, so the plaintiff claimed, selling guns to dealers who they know illegally supply traffickers; failing to impose extra legal safeguards in conducting business; and designing and marketing guns that, while perfectly legal in the U.S., happen to appeal to cartel members.

The question before the Court was whether these allegations established a plausible claim that the manufacturers “knowingly violated a State or Federal statute applicable to the sale or marketing of the product, and the violation was a proximate cause of the harm for which relief is sought[.]” Such violations are an exception to the PLCAA’s general rule that firearms manufacturers and sellers are not liable for harms arising from third party crimes committed with their products.

The justices found that Mexico had not articulated any valid claims of a knowing violation of law on the gunmakers’ part.

Justice Kagan’s opinion succinctly disposed of each of Mexico’s theories. While the Court recognized that plaintiffs theoretically could use the federal aiding and abetting statute to get around the PLCAA, it held Mexico’s broadly conceived claims were too vague and insubstantial to allege the defendants knowingly participated in violations of gun laws. In other words, according to the Court, “Mexico has not adequately pleaded what it needs to: that the manufacturers participate in those [illegal] sales as in something that they wish to bring about and seek by their action to make succeed” (internal punctuation and formatting omitted).

First, the Court held that mere knowledge that legal gun sales sometimes contribute to downstream illegal activity does not, without more, establish culpability. Indifference, wrote the Court, is not the same thing as assistance. The plaintiffs, moreover, did not cite any specific transactions they claimed violated the law, nor did they account for the fact that manufacturers were supplying guns to distributors, not directly to dealers. “Mexico’s allegations on this score,” the Court wrote, are “all speculation.”

The Court also rebuffed the claim that the manufacturers had a duty to regulate dealers of their products beyond the requirements of the law. “Such omissions and inactions, especially in an already highly regulated industry, are rarely the stuff of aiding-and-abetting liability,” the Court observed (internal quotations and formatting omitted). “A manufacturer of goods is not an accomplice to every unaffiliated retailer whom it fails to make follow the law.”

Finally, the justices dismissed Mexico’s claims that making and advertising high performance firearms like the AR-15 and pistols with names and graphics alluding to Mexican folk heroes somehow count as aiding and abetting criminal activity. As the Court correctly noted, “those products are both widely legal and bought by many ordinary consumers.” Indeed, the justices recognized, “[t]he AR–15 is the most popular rifle in the country.”  Echoing language NRA-ILA itself used in writing about the case, the Court held: “The manufacturers cannot be charged with assisting in criminal acts just because Mexican cartel members like those guns too.” Meanwhile, the pistols mentioned by the plaintiff are also likely appealing to “millions of law-abiding Hispanic Americans.” Brushing off a claim that manufacturers “have not attempted to make guns with non-defaceable serial numbers,” the Court held, “the failure to improve gun design in that way (which federal law does not require) cannot in the end show that the manufacturers have joined both mind and hand with lawbreakers in the way needed to aid and abet.”

Justice Thomas filed a concurring opinion pointing out the need for the Court to consider, in an appropriate case, what counts as a “violation” that could establish an exception to the PLCAA. He noted that Mexico had not identified any collateral criminal convictions supporting the alleged violations and that their attempt to establish these supposed crimes under the lower standard of a civil case raised due process concerns.

Justice Jackson also filed a concurrence, underscoring how Mexico’s theory of the case struck at the heart of what Congress was trying to prevent with the PLCAA. She noted, “Activists had deployed litigation in an effort to compel firearms manufacturers and associated entities to adopt safety measures and practices that exceeded what state or federal statutes required.” And the “PLCAA embodies Congress’s express rejection of such efforts—stymying those who, as Congress put it, sought ‘to accomplish through litigation that which they have been unable to achieve by legislation.’” Mexico’s essential failure, she emphasized, was to fault “the industry writ large for engaging in practices that legislatures and voters have declined to prohibit.”

The Supreme Court’s decision comes at a crucial time, as gun control activists backed by billionaire donors have revived lawfare against the firearms industry, and anti-gun states – encouraged by the former Biden-Harris administration – sought to create statutory loopholes to the PLCAA’s coverage to facilitate these suits. Those dubious efforts now have even bigger obstacles to overcome, thanks to the Court’s unified affirmation of the federal protections.

As the Court summarized:

Mexico’s suit closely resembles the ones Congress had in mind: It seeks to recover from American firearms manufacturers for the downstream damage Mexican cartel members wreak with their guns. Of course, the law Congress wrote includes the predicate exception, which allows some suits falling within PLCAA’s general ban to proceed. But that exception, if Mexico’s suit fell within it, would swallow most of the rule. We doubt Congress intended to draft such a capacious way out of PLCAA, and in fact it did not.

Two unanimous Supreme Court losses in consecutive years should provide a clue to the firearm prohibition lobby (and their funders) that they’re losing the plot. For now, at least, it’s adios to Mexico and to the hope of the American gun lobby to gut the PLCAA.

TRENDING NOW
As the Court Decisions Roll In, Have Gun Controllers Finally Overplayed Their Hand?

News  

Thursday, July 2, 2026

As the Court Decisions Roll In, Have Gun Controllers Finally Overplayed Their Hand?

The final week of June brought a flurry of legal action on various gun control laws in the states.

Virginia Anti-gun Lawmakers Delay “Assault Firearm” Carry and Transportation Restriction

News  

Monday, July 6, 2026

Virginia Anti-gun Lawmakers Delay “Assault Firearm” Carry and Transportation Restriction

Virginia Governor Abigail Spanberger (D) and the General Assembly’s ruling anti-gun majority have delayed the enactment of one of their most controversial pieces of legislation, a severe restriction on Virginians’ ability to move about the ...

SCOTUS Agrees to Hear Challenges to “Assault Weapon” Bans

Wednesday, July 1, 2026

SCOTUS Agrees to Hear Challenges to “Assault Weapon” Bans

Today, the United States Supreme Court granted certiorari in two cases challenging bans on “assault weapons.”

Promises Made, Promises Kept: DOJ Keeps Up Second Amendment Offense

News  

Thursday, July 2, 2026

Promises Made, Promises Kept: DOJ Keeps Up Second Amendment Offense

We are not getting tired of heaping praise upon Harmeet Dhillon, Assistant Attorney General for the Civil Rights Division of the Department of Justice (DOJ), as she continues to push the envelope when it comes ...

NRA Secures Statewide Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans

Monday, June 29, 2026

NRA Secures Statewide Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans

In a major victory for the right to keep and bear arms, the Washington Circuit Court today granted a statewide preliminary injunction preventing enforcement of Virginia’s newly enacted “assault firearm” and magazine bans, finding that ...

Judge Rules Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans Secured by NRA Applies Statewide

Wednesday, July 8, 2026

Judge Rules Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans Secured by NRA Applies Statewide

In the NRA’s challenge to Virginia’s “assault firearm” and magazine bans, Santolla v. Katz, Judge Jeffrey L. Campbell of the Washington County Circuit Court issued a letter opinion yesterday making clear that the preliminary injunction ...

California: Anti-Gun Bills Advance as Legislature Breaks for Summer Recess

Thursday, July 2, 2026

California: Anti-Gun Bills Advance as Legislature Breaks for Summer Recess

The California Legislature will adjourn today, July 2nd, for its summer recess, but the fight to protect your Second Amendment rights is far from over. Several anti-gun bills have advanced through the legislative process and ...

Virginia: Democrats Kick the Can on Unconstitutional Boondoggle with Spanberger Budget Amendment

Monday, June 29, 2026

Virginia: Democrats Kick the Can on Unconstitutional Boondoggle with Spanberger Budget Amendment

Today, the Virginia General Assembly met in Richmond to approve or deny Governor Spanberger's proposed Amendments to the state budget. 

Grassroots Spotlight: GunCon 2026

Take Action  

Monday, July 6, 2026

Grassroots Spotlight: GunCon 2026

“GunCon 2026” brought gun owners, content creators, activists, and leaders from gun rights organizations together in Niles, Ohio, for a lively convention focused on community, conversation, and connection.

President Trump Reiterates Support for National Right-to-Carry Reciprocity and NRA

News  

Monday, June 29, 2026

President Trump Reiterates Support for National Right-to-Carry Reciprocity and NRA

During remarks to American workers at a Mack Trucks facility in Macungie, Pa. on June 23, President Donald Trump reiterated his support for National Right-to-Carry Reciprocity and NRA.  

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.