Besides selling off much-needed materials to finish the border wall just prior to President Trump taking office, Joe Biden and his administration seem to be trying to destroy America and its values on the way out of office. Biden and some from his administration may have had communication with Mexico and may have likely encouraged them to sue American gun manufacturers in one of the most anti-gun courts in America. There is no evidence of Biden’s involvement yet, but with any luck, the Trump Administration will be able to bring any to light.
The case, called Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos, stems from a lawsuit filed in 2021 by the Mexican government, in which the government alleged that the legal manufacturing of firearms in America has aided and abetted firearm trafficking in Mexico and contributed to damage the Mexican drug cartel is inflicting on Mexican citizens. The Mexican government is claiming that U.S. gun manufacturers, like Smith & Wesson, Ruger, and others, should be liable for “gun-violence” carried out by cartels south of the border because the companies were allegedly aware their firearms were being trafficked into the country. Therefore, Mexico is suing in the first circuit court in Boston, Massachusetts. Regardless of the Protection of Lawful Commerce in Arms Act (PLCAA), which protects manufacturers from this sort of activity, the circuit court has allowed the case to continue. This activity from a foreign entity undermines Congress’s intent to protect firearm manufacturers from this exact type of lawsuit. The PLCAA was created not to exempt firearm manufacturers from lawsuits pertaining to defects and manufacturing liabilities but to protect manufacturers from being responsible for the actions of third parties while using their products.
On April 18, 2024, a Petition for a writ of certiorari was filed stating, “In creating this immunity from suit, Congress recognized that it was not just the risk of liability but the cost of defending against suit that needed to be foreclosed. That is why the statute says not only that covered suits must fail on the merits, but that they ‘may not be brought’ in the first place. 15 U.S.C. §7902(a). Accordingly, the express purpose of the statute ‘is not served by allowing an action barred by the PLCAA to proceed to trial only to be inevitably reversed on appeal.’ In re Acad., Ltd., 625 S.W.3d 19, 35 (Tex. 2021). This Court’s intervention is accordingly warranted, whether in the form of plenary review or summary reversal.”
Gun Owners of America filed an amicus brief stating, “This case involves a flagrantly erroneous interpretation of an important federal statute which protects the firearms industry and the People’s exercise of their Constitutionally enumerated right to keep and bear arms. The First Circuit took it upon itself to apply novel theories to interpret an exception to the PLCAA so broadly as to negate the very protection that Congress enacted the statute to provide.”
It is nearly impossible for Mexican citizens to own firearms, and most of those who are legally allowed are limited to home restriction of those firearms. The Mexican military has a national gun registry and typically only allows approximately 50 firearm permits per year. Nothing remotely similar to the Second Amendment exists in Mexico. At least, not in practice. Mexico’s constitution includes the right to possess arms but that provision of their constitution is treated as though it doesn’t even exist. Therefore, it seems preposterous that we would even consider a case, allowing a foreign country to threaten our American way of life and our very own Bill of Rights, but it would appear that the Biden Administration may have had some involvement or communication with Mexico in bringing this lawsuit. The reason being is that the case was brought in one of the most anti-gun courts in America, and it is quite suspicious that this would happen as Biden has tried relentlessly to destroy the Second Amendment during his corruption-riddled term in office.
The lawsuit is an attempt by Mexico to change the way American gun manufacturers lawfully advertise, market, and distribute their products; coincidentally the same attacks Democrats have been waging for decades. Originally the trial court in Boston, Massachusetts, ruled correctly by agreeing the case brought by Mexico was absurd in that the already highly regulated American firearm manufacturers should not be responsible for illegal activity that happens in Mexico. On appeal, the anti-Second Amendment court decided that Mexico should be able to sue an American manufacturing company for contributing to the illegal activity of the Mexican drug cartel and other bad actors.
The court would seem to believe that allowing a foreign country to destroy our Second Amendment and possibly put our military at risk by damaging or putting out of business a company that provides military firearms would be legitimate.
Texas GOP Senator Ted Cruz, along with other Republican Congress members, filed an amicus brief in support of U.S. gun manufacturers, urging the Supreme Court “to uphold American Sovereignty and the Second Amendment.”
This lawsuit appears to be nothing more than an anti-gun country trying to impose its will on America by way of systematically crippling the one right that allows people the ability to defend themselves, their families, and their freedom. Would this lawsuit have come about if President Trump were in office? Is this happening specifically because of Joe Biden and his failures in office? It would seem if two countries have disputes over such issues, they would be handled diplomatically, not through our American court system in what appears to be an attempt at destroying the rights of American citizens. How did the Mexican government know exactly where to sue for the best results, and is it possible that the Biden Administration has given guidance to Mexico in this particular lawsuit?
If the Biden Administration had coerced with the Mexican government with respect to this case, it would seem quite believable given this administration’s intent on destroying the American firearm industry.
This particular court in Boston, Massachusetts, is no friend to the Second Amendment, but it is likely that this case will get dismissed by the Supreme Court, and it will forever reside in the dustbin of history along with Joe Biden and his four disgraceful years in office.
