Golden State Today

California Attorney General Rob Bonta, along with 17 other state attorneys general, has filed an amicus brief in the U.S. Supreme Court supporting Mexico's lawsuit against gun manufacturers. The case, Estados Unidos Mexicanos v. Smith & Wesson Brands, Inc., challenges the federal Protection of Lawful Commerce in Arms Act (PLCAA) and seeks to hold firearm manufacturers accountable for their role in gun violence in Mexico.

Attorney General Bonta emphasized the responsibility of companies to adhere to legal standards: “It is our duty to ensure that companies are held accountable when they violate the law — manufacturers and distributors of firearms who threaten the safety of our communities are no exception.”

The brief argues that PLCAA does not exempt gun manufacturers from liability when they knowingly facilitate illegal activities. Despite strict regulations on firearm purchases in Mexico, an estimated 200,000 firearms are trafficked into the country annually from the United States. A report by the U.S. Government Accountability Office noted that 70% of firearms recovered in Mexico between 2014 and 2018 originated from the United States.

In 2022, Mexico filed a lawsuit against eight gun manufacturers and a distributor, claiming they were aware their products were being illegally trafficked into Mexico. Initially dismissed by a U.S. District Court, the case was reinstated by the First Circuit after it found sufficient grounds under PLCAA’s "predicate exception."

The coalition of attorneys general contends that PLCAA should not protect firearm companies from accountability related to gun violence fueled by their products in Mexico. They assert that states have authority under PLCAA to address harm caused to residents and argue against claims that firearm industry members cannot be held liable for criminal misuse of guns.

Joining Attorney General Bonta are attorneys general from Connecticut, Delaware, Washington D.C., Hawaii, Illinois, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, and Vermont.