[WASHINGTON, D.C.] – U.S. Senator Richard Blumenthal (D-CT) and U.S. Representatives Madeleine Dean (D-PA) and Jamie Raskin (D-MD) led 10 Senators including U.S. Senator Chris Murphy (D-CT) and 33 Representatives in an amicus brief to the Supreme Court concerning the ongoing Smith & Wesson Brands, Inc. et al., v. Estados Unidos Mexicanos case urging the Supreme Court to hold gun manufacturers accountable for their role in the illegal trafficking of firearms to Mexico.
In Smith & Wesson, Mexico is suing U.S. gun manufacturers and a distributor for allegedly aiding and abetting illegal arms trafficking. Smith & Wesson Brands will be a critical case for victims and survivors of gun violence hoping to hold the gun industry accountable for its actions in years to come. As lawmakers whose constituents have been harmed by gun violence or the threat of it, amici argue that the gun industry should not be insulated from liability for its own unlawful conduct.
“For too long, the American firearms industry has profited from sales to Mexican drug cartels— allowing these viciously criminal groups to terrorize Mexican society. This brief rejects the gun manufacturers’ position claiming a right to fuel violence and chaos. I’m proud to continue my work stopping dangerous gun industry practices,” said Blumenthal
“Gun violence is a scourge that affects every community in this country,” Dean said. “And while weapons manufacturers should not be held liable for every single crime committed with one of their guns, there are instances in which their actions directly facilitate crime. In those cases, they should absolutely be held to account — otherwise, they have no incentive to maintain responsible business practices. I am grateful to my colleagues in the House and Senate for coming together and making this argument before the Court.”
The amicus brief was led by Blumenthal, Dean, and Raskin and joined by Murphy and U.S. Senators Cory Booker (D-NJ), Mazie K. Hirono (D-HI), Tim Kaine (D-VA), Jack Reed (D-RI), Adam B. Schiff (D-CA), Chris Van Hollen (D-MD), Sheldon Whitehouse (D-RI), and Ron Wyden (D-OR). It was also joined by U.S. Representatives Rosa L. DeLauro (D-CT), Gabe Amo (D-RI), Becca Balint (D-VT), Julia Brownley (D-CA), André Carson (D-IN), Sean Casten (D-IL), Jasmine Crockett (D-TX), Danny K. Davis (D-IL), Bill Foster (D-IL), Valerie P. Foushee (D-NC), Dan Goldman (D-NY), Glenn Ivey (D-MD), Henry C. “Hank” Johnson, Jr (D-GA), Ted Lieu (D-CA), Seth Magaziner (D-RI), Betty McCollum (D-MN), James P. McGovern (D-MA), Seth Moulton (D-MA), Eleanor Holmes Norton (D-DC), Ilhan Omar (D-MN), Mark Pocan (D-WI), Mike Quigly (D-IL), Delia C. Ramirez (D-IL), Mary Gay Scanlon (D-PA), Jan Schakowsky (D-IL), Mike Thompson (D-CA), Rashida Tlaib (D-MI), Jill Tokuda (D-HI), Paul D. Tonko (D-NY), and Maxine Waters (D-CA).
“PLCAA has largely shielded gun manufacturers from being held accountable for the senseless and preventable loss of lives by their weapons, but Congress did include important exceptions in PLCAA. We need to repeal this law altogether, but until we can do that, we’re hopeful that the Supreme Court doesn’t render the exceptions meaningless,” said Murphy.
The amicus brief is supported by GIFFORDS Law Center.
"The Protection of Lawful Commerce in Arms Act (PLCAA) was never meant to shield illegal or reckless behavior by the gun industry. Yet for years, some companies have exploited the law to evade accountability, even when their actions fuel violence and endanger lives. The unchecked actions of bad actors in the industry demand scrutiny and accountability—no one is above the law. We applaud Senator Blumenthal and Representatives Dean, Raskin, Thompson, Johnson, Frost, and Goldman for their leadership in standing up to the gun lobby and championing efforts to ensure accountability and justice,” said David Pucino Legal Director & Deputy Chief Counsel at GIFFORDS Law Center.
The U.S. Supreme Court is expected to hear oral arguments in this case on March 4, 2025.
The lawmakers’ amicus brief to the Supreme Court can be found here.
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