By Dave Workman
Editor-in-Chief
With oral arguments scheduled March 4, 2025 in the case of Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos, Capitol Hill Republicans led by Senator Ted Cruz and Congressman Darrell Issa, and a coalition of Republican state attorneys general have filed separate amicus briefs with the U.S. Supreme Court supporting U.S. gun manufacturers.
The state AGs are led by Montana Attorney General Austin Knudsen.
Fox News is reporting that the Mexican government filed a $10 billion lawsuit in 2021 seeking to hold U.S. gun makers responsible for violent crime in Mexico. That lawsuit was originally tossed out by U.S. District Judge Dennis Saylor—a George W. Bush appointee—in 2022. The case was appealed to the U.S. First District Court of Appeals and reinstated in January, according to Reuters.
Mexico’s lawsuit is a direct challenge to the Protection of Lawful Commerce in Arms Act (PLCAA), which protects firearms manufacturers from “junk lawsuits” designed to harass and bankrupt the gun industry.
In a statement announcing the Republican amicus, Sen. Cruz (R-TX) said, “I am leading this amicus brief to uphold American sovereignty and our Second Amendment. The lawsuit filed by Mexico seeks to trample on our Constitution. I look forward to the Supreme Court ending this madness, putting an end to Mexico’s assault on our Second Amendment, and sending a clear message that American sovereignty will not be eroded by any country.”
Rep. Issa (R-CA) added, “I joined Senator Cruz and my House GOP colleagues in this case because it was the right thing to do and the only choice to make. This lawsuit has unified our friends and allies almost as never before, including the National Shooting Sports Foundation and the Firearms Regulatory Accountability Coalition, and now the Supreme Court will listen to our petitions to hear this case. This is a landmark legal question and weighs whether to allow foreign governments to violate American sovereignty, bankrupt our firearms industry with lawfare, and undermine our Second Amendment rights. Today, we reaffirm our commitment to our constitutional freedoms. Our cause will prevail.”
The Cruz brief may be read here.
Joining Cruz and Issa are Sens. Marsha Blackburn (R-Tenn.), Mike Braun (R-Ind.), Bill Cassidy (R-La.), John Cornyn (R-Texas), Mike Crapo (R-Idaho), Kevin Cramer (R-N.D.), Steve Daines (R-Mont.), Deb Fischer (R-Neb.), John Hoeven (R-N.D.), Mike Lee (R-Utah), Cynthia Lummis (R-Wyo.), Roger Marshall (R-Kan.), James Risch (R-Idaho), Eric Schmitt (R-Mo.), Rick Scott (R-Fla.), and Thom Tillis (R-N.C.), along with 22 GOP House members.
Montana’s Knudsen, in announcing his amicus, explained, “If Mexico wants to end its domestic gun problem, it may do so. It could name and report the gun dealers who allegedly sell guns to drug cartels. It could attempt to negotiate with the United States to extradite individuals who trafficked guns to Mexico. It could finish its war with the cartels. It could even close its border with the United States. But it cannot end the domestic manufacturing of American firearms.”
Knudsen is joined by attorneys general representing Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia and Wyoming, plus the Arizona Legislature.
Their brief may be read here.
Several other briefs have been filed by various groups including the Second Amendment Foundation, National Rifle Association, National Shooting Sports Foundation, Firearms Policy Coalition, and Michigan Coalition for Responsible Gun Owners.
