PRESENTATION

Lawsuit of the Government of Mexico against gun manufacturers and distributors in the U.S.

On the foreign policy front, a multifaceted strategy is underway by the Mexican government to help stem the flood of weapons, particularly assault weapons, from the United States that empower the cartels, cause bloodshed in Mexico and contribute to drug trafficking into the United States.

One aspect of this strategy is the development of strategic civil litigation in U.S. federal courts. To date, two lawsuits have been filed:

• Lawsuit against gun manufacturing and distribution companies filed in the Federal District Court of Boston, Massachusetts (4ago21).
• Lawsuit against gun outlets filed in the Federal District Court of Tucson, Arizona (10 Oct22).

These lawsuits are not against the U.S. Government. Nor do they challenge the Second Amendment constitutional right of U.S. citizens to bear arms or the right of the gun industry to sell its products responsibly and in accordance with the law. The lawsuit involves a common cause of both countries whose citizens suffer from the unlawful practices of companies in the gun industry.

While the Boston lawsuit challenges a broader liability for the negligence of companies that manufacture, distribute and sell weapons that facilitate their illicit trafficking into our country, the Tucson lawsuit addresses a specific angle of this phenomenon: the sale of weapons by gun dealers to front men for use by criminal organizations in Mexico.

In the international arena, Mexico has distinguished itself for its disarmament efforts. During the current administration, it has been identified that government actions to promote a responsible arms trade are limited if private actors involved in the arms industry do not conduct themselves with due diligence and with full respect for human rights. For this reason, various legal actions have been undertaken to promote responsible practices in the sector.

In this sense, the Boston and Tucson lawsuits are part of a broader strategy of the Mexican Government to combat arms trafficking. It reinforces and complements it by including the missing link: corporate responsibility. Leading experts and institutions have recognized the value and implications of these lawsuits, beyond the short-term and regional scope.

This repository compiles and publishes the main documents and materials related to these demands, in response to the interest shown by academics, journalists, officials, members of civil society and people involved in issues of international law, arms trafficking and gun violence. Because of their relevance and implications, the Ministry of Foreign Affairs extends a cordial invitation to explore the repository and follow up on the lawsuits listed below.