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Federal Court Dismisses $10B Mexican Lawsuit Against US Firearms Manufacturers


Armed men belonging to the Self-Defense Council of Michoacan, (CAM), stands guard at checkpoint at the entrance of Antunez, Mexico, Tuesday, Jan. 14, 2014. The Mexican government moved in to quell violence between vigilantes and a drug cartel, and witnesses say several unarmed civilians were killed in an early Tuesday confrontation. (AP Photo/Eduardo Verdugo)

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The Mexican government cannot keep its military firearms out of the hands of desperados in their nearly failed state, but they thought they could sue American gun makers for a king’s ransom.  Their plan, sort of like their attempts to shut down the drug cartels, failed miserably.  A federal court judge rejected their lawsuit on a host of grounds on Friday.

Now our neighbors from south of the Rio Grande say they will appeal, but talk is cheap. Especially on a lawsuit with more problems than Hunter Biden.

The judge followed the law, including the PLCAA.  While a judge’s opinions might be fodder for an appeals court, black letter law is not.  Judge F. Dennis Saylor wrote:  “While the court has considerable sympathy for the people of Mexico, and none whatsoever for those who traffic guns to Mexican criminal organizations, it is duty-bound to follow the law.”

From the AP.

MEXICO CITY (AP) — A U.S. federal judge on Friday dismissed a lawsuit brought by the Mexican government against U.S. gun manufacturers arguing their commercial practices has led to bloodshed in Mexico.

Judge F. Dennis Saylor in Boston ruled Mexico’s claims did not overcome the broad protection provided to gun manufacturers by the Protection of Lawful Commerce in Arms Act passed in 2005.

The law shields gun manufacturers from damages “resulting from the criminal or unlawful misuse” of a firearm.

“While the court has considerable sympathy for the people of Mexico, and none whatsoever for those who traffic guns to Mexican criminal organizations, it is duty-bound to follow the law,” Saylor wrote.

Mexico’s Foreign Affairs Ministry said it would appeal the decision “and continue insisting that the sale of guns be responsible, transparent and accountable, and that the negligent way in which they are sold in the United States facilitates criminals’ access to them.”

Mexico was seeking at least $10 billion in compensation, but legal experts had viewed the lawsuit as a long shot.

The Mexican government argued that the companies know their practices contribute to the trafficking of guns into Mexico and facilitate it. Mexico wants compensation for the havoc the guns have wrought on its people.

Maybe Mexico should have sued the Obama administration and the architects of the Operation Fast and Furious scandal instead of America’s law-abiding firearm manufacturers.  Or maybe the Mexican government should try suing the drug cartels who create the carnage south of our shared border.

 

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