A U.S. Court of Appeals has ruled that Mexico can hold American gun manufacturers liable and sue them for gun violence and trafficking across Mexican borders.

In a news release on Tuesday, the Global Action on Gun Violence revealed that the court ruled Monday in a lawsuit by Mexico against six American gun manufacturers.

The ruling in the lawsuit, Mexico v. Smith and Wesson et al. reversed a trial court ruling that held that the federal gun industry shield law (PLCAA) prohibited it, thereby removing their immunity from civil liability in the United States.

Mexico had filed the suit in August 2021, but U.S. District Court Judge F. Dennis Saylor IV dismissed the case. 

However, in its appeal against the judgement, the court agreed with Mexico’s argument that the PLCAA does not provide immunity for harm caused abroad or where gun companies violate the law.

The court, therefore, concluded that Mexico had made a strong case that “defendants [the gun companies] aided and abetted the knowingly unlawful downstream trafficking of their guns into Mexico” and remanded the case back to the trial court.

Expressing satisfaction with the ruling, Jonathan Lowy, the president of the Global Action on Gun Violence, who is a co-counsel for Mexico, said, “Today’s ruling is a huge step forward in holding the gun industry accountable for its contribution to gun violence, and in stopping the flood of trafficked guns to the cartels. Not only did the court recognise the right of another country to sue U.S. gun companies, it also pierced the unfair legal shield that gun companies have been hiding behind since 2005.”

Texas-based litigator Steve Shadowen, another co-counsel for Mexico, said, “This decision marks an important step forward in holding the gun industry accountable for its role in transnational arms trafficking and in obtaining justice for the victims of their unlawful business practices—the people of Mexico. It should now be clear that those who contribute to gun violence must face legal consequences, regardless of borders.”