The chancellor of Mexico, Alicia Barcena, celebrated that this Monday afternoon, the United States Court of Appeals for the First Circuit ruled in favor of Mexico, in its lawsuit against weapons manufacturing companies, so the matter returns to the first instance for in-depth review.
The lawsuit was filed on August 4, 2021 against weapons manufacturing and distribution companies whose business practices facilitate the trafficking of their products to Mexico.
The First Circuit Court of Appeals in the United States agreed with Mexico's arguments, ruling that companies do not have immunity and that they must answer for their actions in court.
The news was welcomed by the Mexican government and it welcomed this resolution.
In an unprecedented event, the panel composed of two judges and one judge from the Court of Appeals for the First Circuit in the United States, based in Boston, Massachusetts, unanimously resolved that Mexico successfully demonstrated that manufacturing and distributing companies weapons do not enjoy immunity for their negligent business practices, which facilitate the illicit trafficking of their products to Mexico.
In September 2022, the trial judge dismissed the lawsuit, considering that the immunities law called the Protection of Lawful Commerce in Arms Act (PLCAA) did protect the defendant companies even though the damage caused by Their carelessness and negligence occurs in Mexican territory. Mexico presented the appeal in a timely manner.
Mexico's lawsuit is the first that a foreign state presents against the industry in United States courts. In this afternoon's unprecedented resolution, the Court of Appeals considered that the first instance judge incorrectly dismissed Mexico's claim. Therefore, the Court ordered that the matter return to the first instance to continue its development.
"Mexico welcomes and welcomes the decision issued by the First Circuit Court of Appeals, which was highly receptive to the sophisticated arguments presented by our country in defense of its interests and those of its population," the Foreign Ministry said in a statement. release.
Once the matter returns to the first instance, evidence will be presented to demonstrate the negligence of the defendants, seeking to obtain compensation for the damage that will be determined by the judge.
The Ministry of Foreign Affairs of Mexico (SRE) highlighted that firearms trafficking and the violence committed with these products strongly affect the lives of its people and the development of that country.
Likewise, he stressed that "the Government of Mexico will continue to deploy all the actions at its disposal to combat this scourge and will keep citizens duly informed about the development of the litigation."
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