The government of Mexico has launched legal action against American gun manufacturers and gun stores, seeking billions of dollars for damages allegedly caused by firearms smuggled from the United States. This unprecedented legal battle aims to address the rampant violence and organized crime fueled by these weapons, commonly referred to as the "iron river" of firearms flowing southbound across the border.
Each year, it is estimated between 200,000 to 500,000 firearms are smuggled from the U.S. to Mexico, where they are often used by powerful drug cartels. The Mexican government's strategy involves two lawsuits filed against prominent gun retailers and manufacturers, including the well-known company Smith & Wesson.
According to American attorney Jonathan Lowy, who has assisted the Mexican government with these lawsuits, the proliferation of U.S. guns is closely tied to various crises afflicting both countries. "If you think fentanyl overdoses are a problem, if you think migration across the border is a problem, if you think the spread of organized crime is a problem in the United States, then you should care about stopping the crime gun pipeline to Mexico," he stated. Lowy emphasized the importance of shutting down this supply chain at its source.
One significant event catalyzing Mexico's decision to sue was the deadly gun battle on October 17, 2019, following the capture of Ovidio Guzmán López, son of notorious drug lord Joaquín "El Chapo" Guzmán. During this incident, hundreds of cartel gunmen engaged Mexican soldiers, resulting in severe violence and chaos on the streets. "We have confiscated, during my time in government, 50,000 high-caliber weapons, and 75% of them came from the United States," remarked former President Andrés Manuel López Obrador. His comments highlight the difficulties Mexico faces concerning gun violence, underscored by the horrors of organized crime.
The lawsuits, launched initially in 2021 against Smith & Wesson and followed by another lawsuit against five gun stores, argue these entities are engaging in "reckless and unlawful business practices". According to López Obrador, these practices have allowed dangerous firearms to flow to criminals. For the Mexican government, the stakes couldn't be higher as they attempt to tackle violent crime head-on.
Mexico's gun laws are markedly stricter than those of the U.S. While American citizens can purchase firearms freely, Mexicans face stringent regulations with only one state-run gun shop available, located within strict confines of military control. Prospective buyers must undergo psychological evaluations, drug testing, and extensive background checks; even then, they can only purchase hunting rifles and shotguns. Cartels, on the other hand, favor acquiring military-style weapons which are not available through legitimate channels.
Tim Sloan, former attaché for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) assigned to Mexico, recounted his experiences tracking gun violence. "There was dead bodies everywhere," he recalled, describing one investigation at a cartel hideout. "All of the weapons found there came from the United States. All of them." Most firearms traced back to criminal activities had either been sold directly to traffickers or purchased through "straw buyers"—individuals who acquire firearms on behalf of others.
Lowy identified the process by which firearms enter Mexico. He described how straw purchasers are incentivized financially, frequently receiving thousands of dollars to buy firearms legally and then handing them off to cartel members. The porous U.S.-Mexico border complicates matters, allowing traffickers to easily transport these weapons.
With names like Ammo AZ among the five gun shops implicated, the lawsuits aim to hold them accountable for facilitating the illegal arms trade. Mexican attorney Alejandro Celorio explained these dealers' responsibility, stating, "We believe they're liable for actively facilitating the trafficking of firearms," which indirectly promotes cartel power and the fentanyl crisis.
When the ATF analyzed gun crimes from 2015 to 2022, they traced approximately 50,000 weapons recovered from crime scenes back to U.S. dealers, with several stemming from the Arizona stores named by Mexico. The lawsuit seeks to highlight, as Lowy puts it, the bad actors who knowingly sell to entities likely tied to criminal behavior.
The challenge, Lowy noted, is proving negligence among gun dealers. While most dealers conduct background checks and follow legal protocols, Red flags often go unnoticed—large cash transactions, multiple purchases of high-powered weapons, and frequent returns to gun shops raise suspicion but can also blend with legitimate buying behavior.
Despite the existing legal framework shielding manufacturers like Smith & Wesson from liability when their products are used criminally, Mexico is framing its lawsuit as their way of demanding accountability. "It’s time for manufacturers to act responsibly and prevent their guns from ending up on the black market," asserted Lowy.
The legal fight is set against the backdrop of increasing violence attributed to cartel wars, exemplified by recent recaptures of figures like Guzmán, which have only intensified the crisis. The violence continues unabated, with over 500 individuals killed amid turf wars within the last several months.
If Mexico’s lawsuits succeed, they could pave the way for future legal action against the gun industry, both from U.S. and international entities. The outcome may have far-reaching consequences for how gun sales are regulated and monitored across the border—a possibility López Obrador regards as necessary for both nations.
It's clear the fight against the illegal gun trade extends beyond weaponry itself; it is intertwined with politics, governance, and community safety on both sides of the border. And as Mexico continues this quest for justice, the eyes of the world remain on the ripple effects of such bold legal moves.
