Yes the Country of Mexico filed suit (see MADC-ECF) in the Federal District Court of Massachusetts against WITMER PUBLIC SAFETY GROUP, INC. D/B/A INTERSTATE ARMS , which has it’s corporate headquarters in the state of Massachusetts.
Alrighty then I see that Mexico is coming out of the gate swinging because that is one helluva opening salvo - note the use of “foreseeable” in paragraph 2
…end to the massive damage that the Defendants cause by actively facilitating the unlawful trafficking of their guns to drug cartels and other criminals in Mexico. Almost all guns recovered at crime scenes in Mexico—70% to 90% of them—were trafficked from the U.S.
Oddly if the Country of Mexico believes that the “deadly flood of military-style” of guns are being unlawfully trafficked into Mexico, have their brought that allegation before the WTO? And it’s also kind of curious why Mexico didn’t name DHS, CBP and/or ATF as defendants…see paragraph # 3 because you’ll see why I’m saying this.
For decades the Government and its citizens have been victimized by a deadly flood of military-style and other particularly lethal guns that flows from the U.S. across the border, into criminal hands in Mexico. This flood is not a natural phenomenon or an inevitable consequence of the gun business or of U.S. gun laws. It is the foreseeable result of the Defendants’ deliberate actions and business practices.
U.S. government and a U.S. court told them how…
It is one thing to make a serious allegation but paragraph # 3 it pretty damn provocative and Mexico better have actual receipts to back up their claim that these “reckless and corrupt gun dealers” have engaged in “illegal sales practices” otherwise I’d expect the Defendants to respond in-kind. And not to overstate the obvious but accusing our Federal Judiciary as willing accomplices might not be the smartest argument
Defendants use reckless and corrupt gun dealers and dangerous and illegal sales practices that the cartels rely on to get their guns. Defendants design these guns to be easily modified to fire automatically and to be readily transferable on the criminal market in Mexico. Defendants know how to make and sell their guns to prevent this illegal trade; the U.S. government and a U.S. court told them how.Defendants defy those recommendations..instead choose to continue supplying the criminal gun market in Mexico—because they profit from it.
Mexico only has one gun store in the entire country…
back in 2018 Business Insider published this video on their YouTube Channel —based on recent research it does appear (at the time of publication of this article) that indeed there is only one gun store in the entire Country of Mexico
As the Complaint states — less than 50 permits are
… [the] Government [of Mexico] has strong domestic laws that make it virtually impossible for criminals to lawfully obtain guns in Mexico. Mexico has one gun store in the entire nation and issues fewer than 50 gun permits per year.
Defendants undermine these stringent laws, and wreak havoc in Mexican society, by persistently supplying a torrent of guns to the drug cartels. It is estimated that more than a half million guns annually are trafficked from the U.S. into Mexico. Defendants produce more than 68% of those U.S.-origin trafficked guns, which means that they annually sell more than 340,000 guns that flow from their plants in Massachusetts and other U.S. states to criminals south of the border.
American guns actually DO pour into Mexico
Firearms Trafficking:U.S. Efforts to Disrupt Gun Smuggling into Mexico Would Benefit from Additional Data and Analysis
Published: Feb 22, 2021. Publicly Released: Mar 24, 2021.
The Department of Justice's Bureau of Alcohol, Tobacco,l Firearms and Explosives (ATF) found that 70 percent of firearms reported to have been recovered in Mexico from 2014 through 2018 and submitted for tracing were U.S. sourced.
ATF does not receive complete data about thousands of firearms, such as those recovered by Mexican states, because only Mexico's federal Attorney General's office submits trace requests to ATF.
Department of Homeland Security's (DHS) U.S. Immigration and Customs Enforcement (ICE) has identified smuggling trends by analyzing DHS data on 1,012 firearms seized in the U.S. by DHS agencies.
ICE has not analyzed ATF data on 56,000 U.S. firearms recovered in Mexico. Additional data and analysis could enhance U.S. efforts to understand firearms sources and smuggling routes.
April 2020 the ATF Launched Operation Southbound 12
Also see the March 2017 ATF gun tracing specifically focused on Mexico -this report covers the ATF’s efforts from 2011 thru 2017 in trying to trace ,
Also see Mexico Data Source: Firearms Tracing System Timeframe of January 1, 2014 – December 31, 2019 (As of March 10, 2020) https://www.atf.gov/file/144886/download
I believe that you now have a sufficient amount and access to the data - let’s return to Mexico’s lawsuit -specifically paragraphs 6 thru 8 - straw purchasers, because I actually think this is a pretty solid argument:
…Defendants have not implemented any public-safetyrelated monitoring or disciplining controls on their distribution systems—none at all. Their policy is to sell to any distributor or dealer that has a U.S. license to buy and sell the product, regardless of the buyer’s record of flouting the law and despite blazing red flags indicating that a gun dealer is conspiring with straw purchasers or others to traffic Defendants’ guns into Mexico.
Paragraph 12 in it’s entirety is in fact devastating and damning and one could make a cognizable argument of particularized injury, because after Congress let the assault weapons ban expire - shocker the manufacturers ramped up production
Good Gawd a bar chart? Well if you examine the bar chart incorporated into the Plaintiffs argument, you know exactly what I’m going to say…
Res ipsa loquitur..
“the thing speaks for itself”
I know I shouldn’t allow my personal opinion matriculate into my article but I don’t disagree with Mexico’s arguments, at all
Defendants’ willfully blind, standardless distribution practices aid and abet the killing and maiming of children, judges, journalists, police, and ordinary citizens throughout Mexico. Defendants’ unlawful conduct has substantially reduced the life expectancy of Mexican citizens and cost the Government billions of dollars a year. And armed with Defendants’ guns, the cartels have aggressively marketed drugs such as fentanyl, destroying and ending lives in and outside of Mexico, including in the U.S. Defendants’ guns are the venom in the snakes that are the drug cartels; without those guns, they could be controlled and stopped.
…2003 domestic public nuisance case against U.S. gun manufacturers and distributors—including Defendants Beretta, Century Arms, Colt, Glock, Smith & Wesson, Ruger, and Interstate—the late United States District Court Judge Jack B. Weinstein found as a fact after a trial that “each manufacturer should implement readily available reforms,” including “imposing liability insurance standards; limiting sales at gun shows; limiting multiple sales; limiting how the consumer gun transaction can be conducted to insure security; education and training of dealers; and monitoring dealers through visitation and other regular interaction.” NAACP v. AcuSport, Inc., 271 F. Supp. 2d 435, 523 (E.D.N.Y. 2003). Gun industry insiders have urged Defendants to make similar reforms.
Instead of doing the right, decent or moral thing the Gun Manufacturers with a ton of help from groups like the NRA lobbied the bleep out of lawmakers in both chambers of Congress and viola
the PLCAA largely shields licensed manufacturers, dealers, and sellers of firearms or ammunition, as well as trade associations, from any civil action “resulting from the criminal or unlawful misuse” of a firearm or ammunition. However there are six exceptions where civil suits might be pursued. This act was a vulgar progeny of Gun Manufactures and largely the NRA being party to various litigation brought by municipalities and victims of shooting incidents against federally licensed firearms manufacturers and dealers… but all other lawsuits the PLCAA had a reach back clause that required lawsuits, “pending at the time of enactment…brought by shooting victims and municipalities, to be immediately dismissed by the court in which the action was brought or is currently pending.”
I now refer you to page 6 paragraphs 19 thru 22 - which should help you understand why I walked you through the PLCAA and it should help you both contextually and content wise…,
…invoke federal diversity jurisdiction… Cartels have no Second Amendment Rights…
This is a very smart litigation strategy -here you’ll note Mexico takes on the PLCAA and International Laws and directly states this lawsuit isn’t about the US Government but with private gun manufacturers and wholesale dealers…
…they may not send their weapons of war into the hands of the cartels, causing repeated and grievous harm, and then claim immunity from accountability… this lawsuit does not challenge or question the law, policy, or actions of the United States; the Government seeks to hold accountable and stop the reckless actions of private companies that foreseeably send their guns into Mexico.
… this case has nothing to do with the Second Amendment right of law-abiding, responsible U.S. citizens to keep and bear arms within the U.S. This case involves Defendants’ supplying their guns to law-breaking Mexican nationals and others in Mexico. The cartels have no Second Amendment rights…
I would definitely keep an eye on this case. As for expectations expect that the Defendants will file a MTD, likely arguing, standing and/or failure to state a claim but this is definitely a litigation battle that I’d watch closely. Especially given the plaintiffs presented concrete and particularized injury that being the billions in economics loss. Astronomical increased in health care cost to treat victims of the Cartel’s gun battles. And Mexico enumerated the additional law enforcement expenditures. The plaintiff also seek; “punitive damages and disgorgement of the gun-makers’ profits”
Because Mexico filed this lawsuit just about a week after a Federal Court rejected Remington’s MTD the Sandy Hook Complaint. Lest you forget in 2019 when SCOTUS refused to intervene, see Reuters 2019 article
And NSSF RESPONDS TO MEXICO’S CIVIL LAWSUIT AGAINST U.S. FIREARM MANUFACTURERS - cry more… their statement is grade AA propaganda but it should give you a sense of how the Defendants will likely respond… I believe this might (operative word) be the first case of an actual Nation State suing gun manufacturers. Again if you read the PLCAA there are six known exemptions but the law is largely silent on a Foreign Country suing gun manufacturers. And if I’m right then this case could be considered a case of first impression…but again I could be wrong on that
ATF Operation Southbound has been met with a significant amount of criticism, often critics state this has leaded to the uptick in warrantless seizures and searches. But it’s important to remember it’s not like our Government hasn’t made numerous and earnest attempts to slow “the torrent of guns” flowing into Mexico
Um... when you get a chance read my text. I will just say this: Milgram, Harris & Beau Biden were all good friends. They were all state AG’s and worked on a lot of nation wide projects together.
Unfortunately Beau is no longer with us. But Ms. Harris is our VP now and assigned the daunting task of fixing our problems with Mexico and Central America and illegal immigration.
Ms. Milgram is now the Administrator of DEA and is quietly at work doing that department’s business.
A Republican majority Congress did let federal gun control regulations lapse.
I can see how if Mexico is prevails in this lawsuit against US drug manufacturers it only helps Biden achieve his promise to end gun violence. Call me a dreamer but...
Occurs to me that Enrique Tarrio, leader of Proud Boys, is said to make a living from selling guns. Also providing "security" for speakers at various political rallies. Now DOJ is wondering how Ethan Nordean suddenly came up with $980,000 for bail money.
Um... when you get a chance read my text. I will just say this: Milgram, Harris & Beau Biden were all good friends. They were all state AG’s and worked on a lot of nation wide projects together.
Unfortunately Beau is no longer with us. But Ms. Harris is our VP now and assigned the daunting task of fixing our problems with Mexico and Central America and illegal immigration.
Ms. Milgram is now the Administrator of DEA and is quietly at work doing that department’s business.
A Republican majority Congress did let federal gun control regulations lapse.
I can see how if Mexico is prevails in this lawsuit against US drug manufacturers it only helps Biden achieve his promise to end gun violence. Call me a dreamer but...
https://joebiden.com/gunsafety/
Occurs to me that Enrique Tarrio, leader of Proud Boys, is said to make a living from selling guns. Also providing "security" for speakers at various political rallies. Now DOJ is wondering how Ethan Nordean suddenly came up with $980,000 for bail money.