Buckeye Reporter

California Attorney General Rob Bonta has declared support for Mexico in a legal battle involving the U.S. firearms industry. The case, Smith & Wesson Brands Inc, et al. v. Estados Unidos Mexicanos, is currently before the U.S. Supreme Court. Mexico, along with U.S.-based gun control advocates, aims to challenge the Protection of Lawful Commerce in Arms Act (PLCAA). This 2005 law protects the firearms industry from lawsuits related to the criminal misuse of their products by third parties.

The PLCAA was introduced with bipartisan backing to shield gun manufacturers from litigation that sought to hold them accountable for crimes committed using their products. According to historical accounts, these lawsuits were seen as attempts by gun control advocates and certain political figures to financially cripple the gun industry and enforce regulations they could not pass through Congress.

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Attorney Jonathan Lowy of Global Action on Gun Violence represents Mexico in this case. As reported by Politico in October 2022, Lowy and Elizabeth Burke registered as agents of Mexico under the Foreign Agents Registration Act.

Mexico argues that American gun manufacturers are aware that their firearms may end up being used by cartels due to criminal diversion within lawful commerce channels. California's involvement aligns with its history of supporting measures perceived as limiting Second Amendment rights, including participation in previous cases like New York State Rifle & Pistol Association v. Bruen.

California joined 15 other states in filing an amicus curiae brief advocating for overturning the PLCAA at the Supreme Court. In a press release, Bonta stated: "California Attorney General Rob Bonta today joined a coalition of 17 state attorneys general in filing an amicus brief in the U.S. Supreme Court, supporting the Mexican government’s lawsuit against gun manufacturers to hold them accountable for their contributions to gun violence in Mexico."

For those interested in defending the PLCAA and Second Amendment rights against such challenges, reviewing NRA’s amicus curiae brief is recommended ahead of oral arguments scheduled for March 4.