Mexico is suing US gun-makers for arming its gangs − and a US court could award billions in damages

(The Conversation is an independent and nonprofit source of news, analysis and commentary from academic experts.)

Timothy D. Lytton, Georgia State University

(THE CONVERSATION) The government of Mexico is suing U.S. gun-makers for their role in facilitating cross-border gun trafficking that has supercharged violent crime in Mexico.

The lawsuit seeks US$10 billion in damages and a court order to force the companies named in the lawsuit – including Smith & Wesson, Colt, Glock, Beretta and Ruger – to change the way they do business. In January, a federal appeals court in Boston decided that the industry’s immunity shield, which so far has protected gun-makers from civil liability, does not apply to Mexico’s lawsuit.

As a legal scholar who has analyzed lawsuits against the gun industry for more than 25 years, I believe this decision to allow Mexico’s lawsuit to proceed could be a game changer. To understand why, let’s begin with some background about the federal law that protects the gun industry from civil lawsuits.

Gun industry...