13 states with Democratic attorney generals submitted a brief in support of the Mexican government federal lawsuit seeks to hold major American gun manufacturers accountable for cartel violence in Mexico.
Massachusetts, California, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maryland, Minnesota, New Jersey, New Mexico, New York, and Oregon jointly filed an amicus brief opposing the motions of the lawsuits to be dismissed. defendant gun company. The defendants include Smith & Wesson, Barrett, Beretta, Century Arms, Colt, Glock and Ruger.
The lawsuit, filed in August 2021, alleges that not only the firearms manufactured by the respondent companies caused the injuries but also the cartels as the companies’ intended target market. Furthermore, the plaintiffs argue, these companies have made no apparent efforts to enhance safety.
The defendants argued that the protection granted to them under 2005 Legitimate Trade in Firearms Protection Act (PLCAA), protecting them from Mexican claims. The PLCAA protects gun companies from lawsuits based solely on whether they manufactured or sold a firearm that was ultimately used to cause harm.
However, the state of amici said it was “very interested in preserving remedies under common state law and state statutes,” and that there is longstanding precedent for Mexico’s lawsuit. In their summary, amici points to the statements of then-Sen. Jeff Sessions (R-Ala.) And Sen. Larry Craig (R-Idaho) when arguing in favor of the PLCAA.
Amici noted that urging the vote in favor of the statute, Sessions “emphasized that”[p]Plaintiffs can go to court if gun dealers don’t follow the law, if they sell firearms negligently, if they manufacture a product that isn’t working properly, or if they sell it to someone they know they shouldn’t, or did not follow the steps to determine whether the individual was [eligible] to bu[y] a gun. “” the summary continued, pointing out that “Senator Craig made similar notes” when he said, “this measure would not protect them from a lawsuit against them for harm caused by misconduct.” that fruit caused.”
In its 26-page summary, amici argues that Mexico’s current lawsuit is just the type of litigation that Sessions and Craig have assured their fellow Senators will remain viable. According to the summary of the plaintiff’s claims:
Those are exactly the kinds of actions that PLCAA’s sponsors have sought to defend. The defendants’ construction of the PLCAA — something that would prevent these lawsuits — is therefore inconsistent not only with the text of the law, but also with the findings and purposes of the PLCAA, and with the intent of congress.
Massachusetts Attorney General Karl Racine tweeted about signing the amicus brief, saying that “federal law does not protect companies from complying with” reasonable gun laws.
States and cities have the right to protect residents with reasonable gun laws — and federal law doesn’t protect compliance companies.
I have attended @MassAGOThe summary supports Mexico’s lawsuit against seven U.S. gun manufacturers for marketing and selling to Mexican drug cartels and cartels.
– AG Karl A. Racine (@AGKarlRacine) February 1, 2022
Connecticut Attorney General William Tong issued a statement after filing the brief amicus states that “the PLCAA is not an inviolable shield against all liability.” Given a favorable outcome in the Sandy Hook lawsuit, Tong said, “Gun manufacturers that deceive consumers and violate state consumer protection laws can and should be held accountable.”
Michigan Attorney General Dana Nessel provided the following statement about Monday Law & Crime:
Like any other company, gun manufacturers and dealers must be held accountable for how they market and sell their products, especially when these products end up in the wrong hands. dangerous. Courts must ensure that state and federal laws are properly interpreted.
Similarly, Attorney General of New Mexico Hector Balderas “Our nation is experiencing increased gun violence, and we must do more to prevent a flood of dangerous weapons to protect our communities,” said.
Vice President and General Counsel of the National Shooting Sports Organization arms trade group, Lawrence G. KeaneYes summon Mexico’s lawsuit “a farce.”
“The culprit for lawlessness ravaging America’s southern neighbor is not in the manufacturing facilities in the United States,” Keane argues, “it is in the halls of their government and in the their armies”.
You can read the full summary of the amicus here.
Law & Crime has reached out for comment to advise the accused gun maker.
This section has been updated from its original version to include additional comments.
[image via Karen Bleier/AFP via Getty Images]
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https://lawandcrime.com/lawsuit/13-states-side-with-the-mexican-government-in-lawsuit-against-u-s-gun-companies/ 13 countries back Mexico’s lawsuit against US gun companies