October 3, 2022
NSSF Statement on Court’s Dismissal of Mexico’s Lawsuit Against U.S. Firearm Manufacturers
NSSF is pleased the court dismissed Mexico’s misguided and baseless lawsuit against members of the firearm industry that sought to blame them for Mexico’s unwillingness and inability to bring Mexican drug cartels to justice in Mexican courtrooms. The court correctly dismissed the case by properly applying the bipartisan Protection of Lawful Commerce in Arms Act (PLCAA) that bars lawsuits against firearm manufacturers and sellers for the criminal misuse by remote third parties, here Mexican cartels, of lawfully sold firearms. Like the court, we sympathize with the plight of the Mexican people and the criminal violence involving illegal firearms they have endured. However, the crime that is devastating the people of Mexico is not the fault of members of the firearm industry, that under U.S. law, can only sell their lawful products to Americans exercising their Second Amendment rights after passing a background check.
The court also held firearm advertisements, which is commercial speech protected by the First Amendment, but that gun control advocates, like Mexico’s lawyers from the Brady Center, may dislike and find distasteful, are not “false, misleading or deceptive” nor are they “unlawful or immoral, unethical, oppressive or unscrupulous,” as alleged by Mexico.
Despite Mexico’s failed lawsuit, NSSF will continue to cooperate with law enforcement to prevent the criminal acquisition of firearms including our two-decade anti-straw purchasing campaign with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) entitled Don’t Lie for the Other Guy®. Last Month, at the request of ATF, NSSF relaunched the program in the greater Phoenix area. NSSF is also actively advocating that Congress provide the Department of Homeland Security with more resources to interdict firearms being illegally smuggled to Mexico from the United States.